The Supreme Court yesterday took an important step toward resolving the growing uncertainty over the scope of National Bank Act preemption. In an order issued October 5, the Court invited the Solicitor General to file briefs expressing the views of
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Trump’s AI Accord: Can Voluntary Self-Regulation and Independent Audits Protect Against Frontier AI Risks?
On September 29, President Trump brought together many of the leading executives in artificial intelligence for a White House meeting focused on the risks associated with increasingly powerful “frontier” AI systems. The meeting produced a one-page document entitled the “
FinCEN Reissues Geographic Targeting Order for Money Services Businesses Along the Southwest Border
On September 2, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) reissued its Geographic Targeting Order (GTO) aimed at money services businesses (MSBs) along the U.S. southwest border. The GTO requires certain MSBs in designated border
ICBA Sues OCC Over Crypto National Trust Bank Charters: A Significant Challenge to the OCC’s Chartering Authority
DOJ issues Corporate Enforcement Directive
Summary
On October 1, 2026, Assistant Attorney General Colin M. McDonald of the Department of Justice (DOJ) National Fraud Enforcement Division issued Directive 26-12 on corporate enforcement. The directive identifies four priority areas and instructs prosecutors to give “great weight”
Relief May Soon be on the way for Employers Before the NLRB
On August 26 the General Counsel of the National Labor Relations Board, Crystal S. Carey, issued amemorandum in which she identified a number of past decisions issued by the Biden-era NLRB for which she intends to seek reversal before the
Governor Newsom Signs SB 690, Ending the Private Right of Action Under CIPA’s Pen Register and Trap-and-Trace Provision
On September 30, 2026, Governor Gavin Newsom signed Senate Bill 690, the product of a multi-year push to curb abusive litigation under the California Invasion of Privacy Act (CIPA). As previously reported, SB 690 cleared the Senate and Assembly on
Podcast Release: SpaceX’s Novel Shareholder Dispute-Resolution Bylaws Could Have Far-Reaching Implications
The SpaceX IPO generated enormous attention for obvious reasons. It was the largest IPO in history, and the company’s stock price initially surged after trading began. But an important legal development associated with the IPO has received considerably less attention:
Third District Court Rejects OLC’s Interpretation of CFPB Funding Statute
Judge Aiken Holds That “Combined Earnings” Means Federal Reserve Revenue, Not Profit
In a September 25, 2026, decision, Judge Ann Aiken of the U.S. District Court for the District of Oregon became the third federal district judge to reject the
FinCEN Proposes to Designate Banque Misr UAE as a Primary Money Laundering Concern and Revoke Correspondent Banking Access
The Financial Crimes Enforcement Network (“FinCEN”) has proposed to revoke Banque Misr UAE’s (the “Bank”) correspondent banking access to U.S. financial institutions, finding that that the Bank is a financial institution operating outside of the U.S. and is of primary