Federal regulators are increasingly adopting a more crypto-friendly, and more formal approach to bank supervision, one that may have important implications for D&O liability. Following the President’s August 2025 “Guaranteeing Fair Banking” Executive Order (EO), the Office of the Comptroller of Currency (OCC) issued bulletins in September 2025 to curb “debanking”. This guidance forces banks to base service decisions on objective risk, rather than social or political motives. Guidance that is further reinforced by the February 26, 2026 Federal Register release and proposal to restrict banking officials from forcing banks to cut ties with clients engaging in controversial but lawful activities.
Continue Reading Debanking, Crypto, and the Next Wave of D&O Exposure
A group composed of 20 public company CEOs and leaders of institutional investors has released Commonsense Corporate Governance Principles 2.0, an updated set of corporate governance principles that are intended to provide “a basic framework for sound, long-term oriented governance.” The group includes such luminaries as Warren Buffett, the Chairman and CEO of Berkshire Hathaway, Jamie Dimon, the CEO of JPMorgan Chase, Mary Barra, the CEO of General Motors, and Ginni Rometty, the CEO of IBM. The new released document updates the group’s original principles first published in 2016. The principles as updated include some interesting guidelines for publicly traded companies and for their investors, in a number of key areas.