How to Reinvigorate the FDIC

The Federal Deposit Insurance Corporation (FDIC) is the U.S. agency responsible for insuring all bank deposits and facilitating all bank resolutions. Yet, as only one of three bank regulators, the agency relies on the Federal Reserve (Fed) and Office of …

Sidley Austin Discusses CFTC Advisory on Self-Reporting, Cooperation, and Remediation

On February 25, 2025, the Division of Enforcement (Enforcement Division) of the U.S. Commodity Futures Trading Commission (CFTC) released an Enforcement Advisory on Self-Reporting, Cooperation, and Remediation (Advisory). The Advisory is the Enforcement Division’s “sole policy on self-reporting, cooperation, and …

How to Improve the Bank Charter Application Process

New bank formation in the United States is at an all-time low, and Americans increasingly rely on non-bank financial technology companies (fintechs) to satisfy their financial services needs. Fintechs that do not operate through banks mostly operate outside the direct …

Wachtell Lipton Discusses Important Appellate Court Decisions for Syndicated Loan Market

On December 31, 2024, two separate appellate courts issued notable decisions addressing so-called “uptier” transactions.  In a typical uptier transaction, a majority of lenders under a credit agreement, in connection with amending the credit agreement and providing additional financing, are …