Category Archives: Banking and Finance

Book Update: Fintech, Regtech, and the Financial Services Industry

Fintech, Regtech, and the Financial Services Industry offers a comprehensive exploration of how innovations in securities trading and payment systems are reshaping the financial landscape. Through contributions from seasoned professionals, the book highlights emerging trends, regulatory developments, and the opportunities these changes present for market participants. This timely volume serves as a vital resource for understanding the intersection of finance, technology, and regulation in a rapidly shifting environment.

Highlights of this seventh release include:

Chapter 2, Fintech Jurisdictional Issues, has been updated to cover recent SEC staff statements (Section 2:2.1); and new discussion of artificial intelligence (AI), its regulation, and the relevant Executive Order issued in January 2025 (Section 2:6).
Chapter 13, Financial Services Cybersecurity, covers the SEC’s 2024 amendments to Regulation S-P and proposed changes to Regulation SCI on cybersecurity and IT resilience (Sections 13:5 and 13:5.1), and new risk management rules for broker-dealers, clearing agencies, and other regulated entities (Section 13:5.3); interagency banking cybersecurity regulation (Section 13:8); and developments in the New York Department of Financial Services’ regulation of financial cybersecurity (Section 13:18).
Chapter 16, FinTech: Money Laundering Risks of New Financial Technologies, outlines the rise of generative artificial intelligence (“GenAI”) (Section 16:1.1); and AML enforcement actions against fintech companies for insufficient AML controls or other significant regulatory failings (Section 16:5.2[A], [E]–[G]).
To aid in your research, the Table of Authorities and Index have been updated.

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Book Update: Mutual Funds and Exchange Traded Funds Regulation (Third Edition)

Mutual Funds and Exchange Traded Funds Regulation delivers up-to-date, practical guidance on navigating the complex regulatory landscape governing mutual funds and ETFs. It covers everything from prospectus standards and contract drafting to valuation methods, marketing compliance, and cybersecurity risks. With expert insights on avoiding legal pitfalls and meeting regulatory expectations, this annually updated volume is a vital tool for staying ahead in a rapidly evolving financial environment.

Highlights of this release include:

Chapter 1, An Introduction to Mutual Funds, follows the latest developments in the history of the mutual fund industry (Section 1:1).
Chapter 40, Treasury and Related Reporting, outlines key reporting obligations for U.S. institutional investors under the Treasury International Capital system, the Treasury Foreign Currency system, and the Bureau of Economic Analysis’s “BE system.” The discussion has been updated to include recent developments, with expanded coverage of the BE-10 Benchmark Survey (Form BE-10), highlighting its scope, filing requirements, and implications for cross-border investment reporting (Section 40:4.1[C]–[C][5]).
Chapter 45, Investment Management M&A, has been updated to cover the enforceability of non-compete agreements (Section 45:2.1); DOL fiduciary rule implementation (Section 45:3.7); and the U.K. FCA MiFID II rules on purchasing investment research (Section 45:5).
To aid in your research, the Table of Authorities and Index have been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Book Update: Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition)

Stay ahead in the complex world of investment adviser compliance with Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law. Covering SEC, state, and statutory standards, the book offers practical insights on registration, disclosure, advertising, cybersecurity, and more. With annual updates and expert guidance on Form ADV, advisory contracts, and best execution practices, it’s a must-have resource for advisers, attorneys, compliance professionals, and regulators.

Highlights of this release include:

Chapter 14, Privacy of Client Financial Information: An Overview, has been updated to reflect key regulatory developments, including the FTC’s May 2024 amendments to the Safeguards Rule, which now require financial institutions to report certain “Notification Events” (Section 14:2.2[E]). It also covers the NYDFS’s revised Cybersecurity Regulation—effective April 2024 and fully adopted by November 2025—introducing enhanced governance requirements for CISOs, expanded risk assessments, and updated incident response protocols (Section 14:6.3). Additionally, the chapter discusses Bermuda’s Personal Information Protection Act (PIPA), applicable to organizations handling personal data in Bermuda, including fintech firms (Section 14:7.4).
Chapter 42, Mutual Funds, covers the most recent reporting requirements affecting mutual funds (Section 42:1).
Chapter 43, Managed Advisory Accounts & Wrap Fee Programs, discusses the SEC’s Division of Examinations April 2024 risk alert that highlights the Division staff’s observations regarding compliance with the Marketing Rule (Section 43:10.2).
Chapter 54, Municipal Advisor Regulation, features expanded coverage of enforcement actions involving municipal advisors, focusing on both regulatory and fiduciary obligations (Section 54:1.1[A][1]–[A][4]). It also includes deeper analysis of how municipal advisory activities intersect with other professional services offered by advisor firms (Section 54:1.1[E][1]). Updates to MSRB and SEC rule discussions reflect recent rulemaking, including obligations for solicitor municipal advisors and requirements to obtain CUSIP numbers in certain competitive offerings (Section 54:18), along with enhanced guidance on supervisory and recordkeeping duties (Section 54:21).
Chapter 64, Blockchain and Digital Assets, has been updated to cover regulatory developments involving digital securities (Section 64:6.1) and commodities (Section 64:6.2).
To aid in your research, the Table of Authorities and Index have been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Book Update: Climate Change, Sustainable Investments, and Social Governance

Climate Change, Sustainable Investments, and Social Governance offers a thorough analysis of the regulatory environment surrounding financial products and institutions that incorporate sustainability and social responsibility. The book highlights how these considerations are increasingly central to financial regulation both in the U.S. and globally.

Highlights of this release (Release #1) include the following:

Chapter 2, Climate Risk and Disclosures and Related Issues for Financial Institutions: An Overview of the Framework, updated to track the transition of climate action from the Biden to the Trump Administration (Section 2:3.4).

Chapter 8, ERISA and ESG Investing, includes updated guidance on ERISA’s fiduciary duty in the context of ESG (Environmental, Social, and Governance) investing. It discusses the Department of Labor’s Advisory Opinion 2023-01A, (Section 8:3.3[G], and provides new case law updates related to ESG investing under ERISA, (Section 8:5).

To aid in your research, the Table of Authoritiesand Indexhave also been updated.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Edition! Net Leases and Sale-Leasebacks

Net Leases and Sale-Leasebacks: A Guide to Legal, Tax and Accounting Strategies (2025 Edition) covers all aspects of the ownership, financing, documentation, taxation, and accounting for net leases with a focus on those areas where the treatment of net leases differs from the treatment of other forms of real estate investment. Given their unique characteristics, net leases may be regarded as belonging to their own asset class, and the real estate professionals practicing in this field need to be familiar with the distinct issues that may arise.

The new edition includes the following updates:

Chapter 2, The Lease, New section 2:2.5 discusses the tenant’s right of rescission, covering material breach by the landlord (including independent versus dependent covenants; constructive eviction; and landlord’s breach of the covenant to repair); mistake; and fraud.

Chapter 5, Tax Considerations, has been further expanded in several areas:
- Subsection 5:1.3[A] covers tenant purchase options and SILO (sale-in, lease-out) transactions.
- Subsection 5:3.9[A] discusses whether a section 467 loan can satisfy the requirements for qualified real property business indebtedness.
- Subsection 5:7.3[C][1] discusses the exemption for transfer of a leasehold interest in Pennsylvania.
- Subsection 5:9.1[D] expands the discussion of choice of entity for the owner-landlord.
- Subsection 5:10.2[E] discusses layered allocations versus target allocations for partnerships.
- Subsection 5:10.6 explores the difference in tax consequences between a sale and a redemption of a partnership interest.
- Subsection 5:15 discusses solar federal tax credits in depth.

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PLI PLUS subscribers can access this title through their subscription.

Book Update: Financial Services Regulation Deskbook

Financial Services Regulation Deskbook covers the significant changes to the regulation of financial services institutions by the Dodd-Frank Wall Street Reform and Consumer Protection Act and subsequent implementing regulations. This book provides analysis of and commentary on the legislation’s practical effects on industry practice, including identifying areas of legal ambiguity that must be solved only by advocacy with the relevant regulators.

The new release includes updates to the following chapters:

Chapter 4, Systemic Regulation: Financial Stability Oversight Council, discusses the Analytic Framework for Financial Stability Risk Identification, Assessment, and Response, and the revised Guidance for Nonbank Financial Company Designations announced in November 2023.

Chapter 7, Bank Regulatory Reform, covers the Basel Endgame Proposal, which is the only significant proposal by the federal banking agencies to address the March 2023 bank failures.

The Table of Authorities and Index have also been updated for this release.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Free Form of the Month

PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

March’s free form:

Framework of an Investment Management Agreement

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.

Treatise Update: Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition)

Derivatives Deskbook: Close-Out Netting, Risk Mitigation, Litigation (Second Edition) is a comprehensive resource for all users of swap agreements and derivatives, from financial institutions to corporate end-users. This treatise defines the key terminology and identifies the major players, discusses the full range of required documentation, highlights the best practices for the legal risk management of derivatives and includes numerous practice-tested legal forms.

The new release includes the following updates:

Chapter 1, Introduction, explains that statistics illustrate that in spite of the complete regulatory overhaul of the OTC derivatives market since the 2008 financial crisis, the use of OTC derivatives continues to grow rapidly (Section 1:1).
Chapter 7, U.S. Bankruptcy Implications of Close-Out Netting, examines the Supreme Court’s unanimous ruling that section 546(e) does not protect transfers made through a financial institution to a third party as an intermediary (Section 7:2.3).
Chapter 8, Best Practices Recommendations, advises parties to carefully consider forum and jurisdictional issues in the drafting of what are considered boilerplate provisions in an OTC derivatives contract, but which may impact the entire outcome of the transaction (Section 8.8).
Chapter 9, U.S. Regulatory Summary, explores the availability of judicial remedies for violations of the Commodity Exchange Act (CEA) by foreign counterparties (Section 9.1).

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Treatise Update: Investment Adviser Regulation (Third Edition)

Investment Adviser Regulation: A Step-by-Step Guide to Compliance and the Law (Third Edition) is an essential resource for investment advisers, securities attorneys, compliance personnel, and federal and state regulators. This treatise guides practitioners through the maze of statutory, SEC, and state standards impacting investment advisers, as well as provides advice on the practical aspects of building a practice. It also clarifies key status issues that determine registration and disclosure duties as well as liability exposure.

The new release includes the following updates:

Chapter 14, Privacy of Client Financial Information: An Overview, includes updated discussions regarding the FTC’s amendments to the Safeguards Rule,; the NYDFS’s finalization of amendments to the Cybersecurity Regulation that require additional governance obligations regarding the Chief Information Security Officer ’s role and resources; and the Bermuda Personal Information Protection Act (PIPA), which applies to organizations that use personal information in Bermuda.
Chapter 42, Mutual Funds, covers the most recent reporting requirements affecting mutual funds.
Chapter 43, Managed Advisory Accounts & Wrap Fee Programs, discusses the SEC’s Division of Examinations April 2024 risk alert that highlights the Division staff’s observations regarding compliance with the Marketing Rule.
Chapter 54, Municipal Advisor Regulation, discusses enforcement actions related to municipal advisors regarding both their regulatory obligations and their fiduciary obligations. In addition, this update provides further analysis of the interrelationship between municipal advisory activities and other professional activities undertaken by municipal advisor firms. The discussion of applicable MSRB and SEC rules is also updated to reflect more recent rulemaking by the MSRB.
Chapter 64, Blockchain and Digital Assets, updated to cover regulatory developments involving digital securities and commodities.

The Table of Authorities and Index have also been updated for this release.

Order a print copy today.

The tallies are in! Here are the most accessed books on PLI PLUS in 2024.

Popular Banking Titles

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Download a PDF flyer of this post to share with colleagues: Most Popular Books on PLI PLUS in 2024. See also the Top 10 Most Downloaded Forms on PLI PLUS in 2024.