Fintech AI

State of play.

• The GENIUS Act has moved stablecoin compliance from theory to infrastructure. A government money market fund (MSNXX) now exists specifically to satisfy GENIUS Act reserve requirements, major banks have formed working groups for stablecoin initiatives, and Visa has run live cross-border settlement pilots — the institutional build-out phase is underway .
• The CFTC is litigating federal preemption of state gambling laws over prediction markets. The agency has filed suit against Wisconsin — the fifth such action in approximately one month — after Wisconsin sued Coinbase, Kalshi, Polymarket, and others; an Arizona federal court has already issued a TRO blocking state prosecution of Kalshi .
• Fintechs are acquiring national bank charters rather than renting partner-bank balance sheets. OppFi's $130 million acquisition of BNC National Bank follows SoFi, LendingClub, and SmartBiz; Upstart is preparing its own OCC application; the OCC received 14 de novo applications in 2025 .
• FinCEN has issued a foundational NPRM restructuring AML/CFT programs for every BSA-covered entity, replacing formulaic compliance with a risk-based, documented-effectiveness standard; comments close June 9, 2026 .
• For counsel advising fintech clients across lending, payments, or digital assets, the practical baseline is simultaneous pressure from three directions: new federal compliance architecture (FinCEN NPRM), accelerating state-level consumer protection frameworks (NYDFS BNPL rules), and a live federal-state jurisdictional war over prediction markets that will set preemption doctrine for the next generation of event-contract platforms.

Where things stand.

• GENIUS Act stablecoin compliance infrastructure is operational. Reserve-eligible money market funds exist, major banks are in active working groups, and Visa's cross-border settlement pilot is live — the regulatory acceptance phase has given way to product buildout .
• The UK FCA is regulating AI in finance through existing principles-based rules, not new legislation. Consumer Duty, SM&CR, and operational resilience standards apply to AI design and deployment; the Mills Review (begun January 2026) is examining whether autonomous AI systems require tighter accountability rules under SM&CR; no AI-specific statute is planned .
• NYDFS has published the first comprehensive state BNPL regulatory framework. The proposed rules require licensing, cap rates at 16%, restrict late fees, mandate credit reporting disclosures, and render unlicensed loans void and uncollectible — with a 180-day effective period after finalization .
• FinCEN's AML/CFT NPRM restructures compliance obligations for all BSA-covered entities, including fintechs and money services businesses, around a four-pillar risk-based effectiveness standard with documented risk assessments and senior management approval requirements; parallel NPRMs from OCC, FDIC, and NCUA align the banking agency rules .
• Tokenized securities governance infrastructure is going live. Broadridge has extended its proxy voting platform to tokenized equities on-chain, with Galaxy as the first adopter — a concrete step toward full-stack digital asset market infrastructure .
• AI agents for retail portfolio management are in market. Public has launched AI agents for automated portfolio trading — the first brokerage to do so — raising unresolved questions about investment adviser registration, suitability obligations, and broker-dealer compliance .
• The CFPB's open banking rule revisions remain pending finalization, leaving data-sharing obligations and third-party access frameworks unsettled for fintech lenders and aggregators .
• SEC guidance has expanded CLO access for investment companies, allowing funds to increase allocations to the $1.4 trillion CLO market through a no-action position from the Division of Investment Management .
• Regulatory talent is flowing into the crypto and fintech industry. Former CFTC Chair Chris Giancarlo has left Willkie Farr for full-time fintech and crypto advisory work; former acting CFTC Chair Caroline Pham joined MoonPay as CLO in December 2025 — a pattern that correlates with industry confidence in the current enforcement posture .

Latest developments.

• GENIUS Act reserve-eligible money market fund (MSNXX) launched; major bank working groups formed; Visa cross-border stablecoin settlement pilot live
• CFTC sues Wisconsin to block state gambling enforcement against Coinbase, Kalshi, Polymarket, and Robinhood; Arizona TRO already issued blocking state prosecution of Kalshi; CFTC Chair signals additional suits against New York, Arizona, Connecticut, and Illinois
• OppFi agrees to acquire BNC National Bank for $130 million, creating a $2 billion-asset institution; OCC and Federal Reserve review pending; Upstart preparing its own charter application
• FinCEN NPRM issued April 7, 2026 restructuring AML/CFT program requirements for all BSA-covered entities; comments due June 9, 2026; parallel NPRMs from OCC, FDIC, and NCUA
• FCA reaffirms principles-based AI oversight through existing Consumer Duty and SM&CR frameworks; Mills Review underway on autonomous AI accountability
• Eversheds Sutherland hires Brandon Hill, 16-year SEC Trading and Markets veteran, as DC counsel for fintech and capital markets clients — second major securities hire in three months
• Palo Alto Networks founder Nir Zuk agrees to acquire Liberty Bank (California) for AI-driven transformation; regulatory approval from Federal Reserve and California DFPI pending
• Former CFTC Chair Giancarlo departs Willkie Farr for full-time fintech and crypto advisory work
• Broadridge extends proxy voting to tokenized equities on-chain; Galaxy is first adopter
• SEC Division of Investment Management issues no-action guidance expanding CLO allocations for investment companies
• NYDFS publishes proposed BNPL regulations — first comprehensive state framework; 16% rate cap; licensing required; unlicensed loans void
• Public launches AI agents for automated retail portfolio trading — first brokerage to do so
• 9fin raises $170M Series C at $1.3B valuation to scale AI platform for debt markets
• Bakkt GC Marc D'Annunzio earned $3.5M total comp in 2025 during the period covered by the active Rosen Law securities class action
• Strategy Inc. disclosed $8.4M combined compensation for incoming and outgoing GCs in 2025

Active questions and open splits.

• Federal preemption of state gambling laws over prediction markets. The CFTC's position — that event contracts are swaps under the CEA and preempt state anti-gambling statutes — is being tested simultaneously in multiple federal courts. The Arizona TRO is the first data point; Wisconsin will be the next. Whether courts sustain Supremacy Clause preemption or find room for concurrent state jurisdiction will determine whether platforms can operate nationally .
• Fintech charter acquisition: regulatory window or durable policy shift? The OCC's receptivity to fintech bank acquisitions under current leadership is clear; whether that posture survives a change in administration or OCC leadership is the live question for clients evaluating the partner-bank vs. charter-acquisition trade-off .
• AI agents in brokerage: investment adviser or broker-dealer? Public's automated portfolio AI agents operate in a regulatory gap — no clear guidance on whether autonomous execution triggers investment adviser registration, suitability obligations, or new broker-dealer compliance requirements. The FCA's Mills Review is the leading indicator of how regulators will eventually frame accountability for autonomous AI systems .
• FinCEN's "effective" AML/CFT standard: what satisfies it? The NPRM replaces formulaic compliance with a risk-based effectiveness standard, but the practical thresholds — what documented risk assessments must contain, how FinCEN will evaluate "effectiveness" in examinations — remain to be defined in the final rule. Fintechs and MSBs face the most uncertainty given their historically lighter compliance infrastructure .
• NYDFS BNPL framework as national template. New York's 16% rate cap and licensing requirement, if finalized as proposed, will force business model changes for most BNPL providers operating in the state. The open question is whether other states follow New York's template — as they did with NYDFS cybersecurity rules — or whether federal preemption arguments become viable if a federal BNPL framework emerges .
• GENIUS Act reserve mechanics: yield, eligibility, and redemption. The MSNXX launch resolves the structural compliance gap for stablecoin issuers, but the specific terms — yield rates, eligible backing assets, redemption mechanics — have not been publicly detailed. Counsel advising issuers on GENIUS Act compliance cannot fully assess reserve fund eligibility without that detail .
• AI integration in bank acquisitions: what do regulators require? Nir Zuk's Liberty Bank acquisition and the broader tech-founder-acquires-bank pattern will generate the first regulatory precedents on what the Federal Reserve and state banking regulators demand as conditions for approving AI-driven bank transformation plans — data security requirements, operational controls, and model governance standards are all in play .

What to watch.

• FinCEN NPRM comment deadline (June 9, 2026) and the comment record — industry positions on what "effective" AML/CFT programs require will shape the final rule and examination standards for fintechs and MSBs .
• Wisconsin and Arizona federal court decisions on CFTC preemption of state gambling laws — the first circuit-level rulings will set the framework for CFTC's pending suits against New York, Connecticut, and Illinois .
• NYDFS BNPL final rule and whether other states publish parallel frameworks; any federal legislative response that raises preemption arguments .
• OCC and Federal Reserve conditions attached to the OppFi/BNC and Liberty Bank approvals — the approval conditions will define what regulators require for fintech-bank convergence transactions going forward .
• FCA Mills Review outcome on whether SM&CR accountability rules adequately cover autonomous AI systems — the first major regulatory framework to directly address AI agent accountability in financial services .
• CFPB open banking rule finalization — the data-sharing and third-party access framework that underpins most fintech lending and aggregation business models remains unresolved .