New Fair Banking Executive Order: Key Directives, Implications, Compliance Considerations, Risk Management
Eliminating Reputation Risk in Bank Supervision, Identifying and Redressing Debanking, Increased Scrutiny for Banking Decisions

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Banking and Finance
- event Date
Wednesday, October 15, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will discuss President Trump's new Executive Order (EO) guaranteeing fair access to banking and directing federal banking regulators to take measures to end "politicized or unlawful" debanking practices. The panel will discuss the agency objectives outlined in the EO, address agency action to date, and provide best practices for helping financial institution clients navigate this rapidly changing regulatory environment.
Faculty

Ms.Gray specializes in work with banks, non-bank financial institutions and other companies providing financial products and services. She works with many of the largest bank and non-bank financial institutions, emerging companies such as fintechs and retailers whose business operations include consumer and small business finance. Ms. Gray’s work is focused on representing corporate and individual clients in high-stakes legal proceedings, including matters initiated by state and federal regulators, private civil litigation, congressional investigations and internal investigations. She also counsels clients on compliance with consumer protection laws. Ms. Gray focuses a substantial portion of her practice on representations involving escalated government examination matters, investigations and enforcement. In this capacity, she routinely provides strategic advice to senior corporate leaders, including Boards of Directors, as they navigate complex, and often unexpected, business and legal challenges. Ms. Gray is well-known for her advisory work in fair and responsible lending and servicing, and is considered one of the nation's experts in this space.

Ms. Hall counsels financial services companies on regulatory, compliance, and enforcement matters, with a focus on consumer lending and retail banking. She advises banks and non-banks on complex regulatory matters, risk management, and enforcement matters across deposits, payments, mortgage, auto lending, and open-ended credit. Ms. Hall has particularly deep experience advising on deposit account and card products, services, and disclosures, electronic fund transfers and other electronic transfers and payments, fair lending, fair servicing, and unfair, deceptive, or abusive acts or practices (UDAAP). She advises clients regarding product development and compliance and represents clients in internal reviews and investigations, as well as examinations, investigations, and enforcement actions.
Description
On Aug. 7, 2025, President Trump issued an EO titled "Guaranteeing Fair Banking for All Americans." The new EO outlines the Trump administration's initiatives on access to banking and financial services and expands on numerous recent federal and state initiatives targeting debanking.
The fair banking EO is designed to ensure that federal regulators do not promote or permit policies and practices that allow financial institutions to deny or restrict financial services based on political affiliation, religious beliefs, or engagement in lawful business activities.
The EO generally targets debanking by directing federal regulators to remove "reputation risk" or equivalent concepts as a supervisory consideration. Also, federal regulators are directed to consider rescinding or amending existing regulations to eliminate the risk of politicized or unlawful debanking and to ensure that an institution's or customer's reputation is "considered for regulatory, supervisory, banking, or enforcement purposes solely to the extent necessary to reach a reasonable and apolitical risk-based assessment."
The EO further directs federal regulators to review the financial institutions that they regulate to identify those that have had policies or practices that require, encourage, or otherwise influence them to engage in politicized or unlawful debanking and take appropriate remedial action. They also must review their current supervisory and complaint data to identify financial institutions that have engaged in unlawful debanking on the basis of religion.
While the EO contains broad mandates to banking agencies, many questions remain as to how these directives will be accomplished within the short timelines set forth in the EO, creating compliance challenges for those in the financial services industry. Counsel should understand the EO's objectives, agency impact, and action taken to date to fulfill these objectives, and how financial services clients may be impacted to help them navigate this rapidly evolving regulatory landscape.
Listen as our expert panel reviews the key directives of the new EO and their implications and provides guidance for advising clients on compliance and risk management strategies going forward.
Outline
I. Introduction
II. Understanding the EO: increased federal scrutiny of past and present debanking policies and actions
III. Agency objectives
IV. Agency action to date
V. Impact on financial services industry
VI. Remaining questions and compliance challenges
VII. Other recent federal and state initiatives targeting debanking
VIII. Best practices for compliance and risk mitigation
Benefits
The panel will address these and other key issues:
- How are the administration's policies relating to financial services reflected in the EO?
- What agencies are impacted by the EO? What agency action will be required? What agency action has been taken to date?
- Who in the financial services industry may be most impacted by the EO's directives and in what ways?
- What questions are left unanswered by the EO, and what are the resulting compliance challenges?
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