Insights

SEC’s 2026 SBSD and SBSEF Examination Priorities: What Firms Should Expect and How to Prepare

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Summary Situation Overview: The Securities and Exchange Commission’s (SEC) Division of Examinations (Division) released its 2026 examination priorities for Security-Based Swap Dealers (SBSDs) and, for the first time, examinations for Security-Based…

SBSD De Minimis Threshold Phase-In: Potential Relief Ahead, but Firms Should Prepare for All Scenarios

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Summary Situation Overview: The SEC’s temporary de minimis thresholds for security-based swap dealing activity ($8 billion for credit default swaps and $400 million for non-CDS) are scheduled to change following the expiration of the current…

Spoofing Enforcement Cases and Steps to Protect Your Firm

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Summary Situation Overview: Domestic and foreign regulators continue to pursue actions against firms for spoofing and market manipulation activities. What: There is a continuing need for vigilance in detecting and preventing spoofing, particularly…

Understanding the New De-Banking Executive Order

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Summary: Situation Overview: On August 7, 2025, President Trump issued an Executive Order (the “Order”) entitled “Guaranteeing Fair Banking for All Americans”, which has implications for retail and institutional fair lending practices. What:…

CFPB Initiates New Rulemaking for Section 1033

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Summary: Situation Overview: On 21 August, the Consumer Financial Protection Bureau (CFPB) issued an Advanced Notice of Proposed Rulemaking (ANPR) regarding Section 1033 of the Consumer Financial Protection Act. What: Many fintech companies,…

CFPB Begins 1033 Rulemaking to Set Standards for the Use of Consumer Financial Data

The CFPB rulemaking intends to provide consumers greater control over personal data to help accelerate the shift toward open banking and more decentralized markets. The proposed rule would move U.S. privacy regulations closer to Europe's…

Keith Noreika Featured on the Consumer Finance Monitor Podcast: Innovation, True Lender, and Issues Facing Banks Today

I recently sat down with Alan Kaplinsky of Ballard Spahr to discuss innovation, “true lender,” and other issues facing financial institutions today for the Consumer Finance Monitor podcast. While the conversation covered a lot of ground,…

Marshall Lux Featured in CNBC Article on “Buy Now, Pay Later”

Marshall Lux, Senior Advisor at Patomak Global Partners, was featured in a CNBC article entitled "Buy now, pay later is not a boom, it’s a bubble, Harvard researcher says." Lux commented: "When people start buying household goods on credit,…

Patomak Senior Advisor Marshall Lux’s New Harvard Kennedy School Paper on “Buy Now, Pay Later” Companies Examines Risks and Regulatory Options

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Patomak Global Partners Senior Advisor Marshall Lux co-authored a new working paper with Bryan Epps of the Harvard Kennedy School that takes a close look at the “Buy Now, Pay Later” sector. Despite the significant growth in recent years…

A New Approach for the CFPB: Mortgage Servicers and Enforcement Actions

The Consumer Financial Protection Bureau (CFPB) has increased its focus on mortgage servicers. Mortgage servicing intersects two CFPB priority areas: COVID-19 relief and discrimination enforcement. Mortgage servicers should be prepared for a significant increase in the CFPB’s regulatory activity.