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AI fears creep into finance, business and law

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AI fears creep into finance, business and law

Silicon Valley figures have long warned about the dangers of artificial intelligence. Now their anxiety has migrated to other halls of power: the legal system, global gatherings of business leaders and top Wall Street regulators.

In the past week, the Financial Industry Regulatory Authority (FINRA), the securities industry self-regulator, labeled AI an “emerging risk” and the World Economic Forum in Davos, Switzerland, released a survey that concluded AI-fueled misinformation poses the biggest near-term threat to the global economy.

Those reports came just weeks after the Financial Stability Oversight Council in Washington said AI could result in “direct consumer harm” and Gary Gensler, the chairman of the Securities and Exchange Commission (SEC), warned publicly of the threat to financial stability from numerous investment firms relying on similar AI models to make buy and sell decisions.

“AI may play a central role in the after-action reports of a future financial crisis,” he said in a December speech.

At the World Economic Forum’s annual conference for top CEOs, politicians and billionaires held in a tony Swiss ski town, AI is one of the core themes, and a topic on many of the panels and events.

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In a report released last week, the forum said that its survey of 1,500 policymakers and industry leaders found that fake news and propaganda written and boosted by AI chatbots is the biggest short-term risk to the global economy. Around half of the world’s population is participating in elections this year in countries including the United States, Mexico, Indonesia and Pakistan and disinformation researchers are concerned AI will make it easier for people to spread false information and increase societal conflict.

Chinese propagandists are already using generative AI to try to influence politics in Taiwan, The Washington Post reported Friday. AI-generated content is showing up in fake news videos in Taiwan, government officials have said.

The forum’s report came a day after FINRA in its annual report said that AI has sparked “concerns about accuracy, privacy, bias and intellectual property” even as it offers potential cost and efficiency gains.

And in December, the Treasury Department’s FSOC, which monitors the financial system for risky behavior, said undetected AI design flaws could produce biased decisions, such as denying loans to otherwise qualified applicants.

Generative AI, which is trained on huge data sets, also can produce outright incorrect conclusions that sound convincing, the council added. FSOC, which is chaired by Treasury Secretary Janet L. Yellen, recommended that regulators and the financial industry devote more attention to tracking potential risks that emerge from AI development.

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The SEC’s Gensler has been among the most outspoken AI critics. In December, his agency solicited information about AI usage from several investment advisers, according to Karen Barr, head of the Investment Adviser Association, an industry group. The request for information, known as a “sweep,” came five months after the commission proposed new rules to prevent conflicts of interest between advisers who use a type of AI known as predictive data analytics and their clients.

“Any resulting conflicts of interest could cause harm to investors in a more pronounced fashion and on a broader scale than previously possible,” the SEC said in its proposed rulemaking.

Investment advisers already are required under existing regulations to prioritize their clients’ needs and to avoid such conflicts, Barr said. Her group wants the SEC to withdraw the proposed rule and base any future actions on what it learns from its informational sweep. “The SEC’s rulemaking misses the mark,” she said.

Financial services firms see opportunities to improve customer communications, back-office operations and portfolio management. But AI also entails greater risks. Algorithms that make financial decisions could produce biased loan decisions that deny minorities access to credit or even cause a global market meltdown, if dozens of institutions relying on the same AI system sell at the same time.

“This is a different thing than the stuff we’ve seen before. AI has the ability to do things without human hands,” said attorney Jeremiah Williams, a former SEC official now with Ropes & Gray in Washington.

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Even the Supreme Court sees reasons for concern.

“AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as obviously it risks invading privacy interests and dehumanizing the law,” Chief Justice John G. Roberts Jr. wrote in his year-end report about the U.S. court system.

Like drivers following GPS instructions that lead them into a dead end, humans may defer too much to AI in managing money, said Hilary Allen, associate dean of the American University Washington College of Law. “There’s such a mystique about AI being smarter than us,” she said.

AI also may be no better than humans at spotting unlikely dangers or “tail risks,” said Allen. Before 2008, few people on Wall Street foresaw the end of the housing bubble. One reason was that since housing prices had never declined nationwide before, Wall Street’s models assumed such a uniform decline would never occur. Even the best AI systems are only as good as the data they are based on, Allen said.

As AI grows more complex and capable, some experts worry about “black box” automation that is unable to explain how it arrived at a decision, leaving humans uncertain about its soundness. Poorly designed or managed systems could undermine the trust between buyer and seller that is required for any financial transaction, said Richard Berner, clinical professor of finance at New York University’s Stern School of Business.

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“Nobody’s done a stress scenario with the machines running amok,” added Berner, the first director of Treasury’s Office of Financial Research.

In Silicon Valley, the debate over the potential dangers around AI is not new. But it got supercharged in the months following the late 2022 launch of OpenAI’s ChatGPT, which showed the world the capabilities of the next generation technology.

OpenAI lays out plan for dealing with dangers of AI

Amid an artificial intelligence boom that fueled a rejuvenation of the tech industry, some company executives warned that AI’s potential for igniting social chaos rivals nuclear weapons and lethal pandemics. Many researchers say those concerns are distracting from AI’s real-world impacts. Other pundits and entrepreneurs say concerns about the tech are overblown and risk pushing regulators to block innovations that could help people and boost tech company profits.

Last year, politicians and policymakers around the world also grappled to make sense of how AI will fit into society. Congress held multiple hearings. President Biden issued an executive order saying AI was the “most consequential technology of our time.” The United Kingdom convened a global AI forum where Prime Minister Rishi Sunak warned that “humanity could lose control of AI completely.” The concerns include the risk that “generative” AI — which can create text, video, images and audio — can be used to create misinformation, displace jobs or even help people create dangerous bioweapons.

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AI poses ‘risk of extinction’ on par with nukes, tech leaders say

Tech critics have pointed out that some of the leaders sounding the alarm, such as OpenAI CEO Sam Altman, are nonetheless pushing the development and commercialization of the technology. Smaller companies have accused AI heavyweights OpenAI, Google and Microsoft of hyping AI risks to trigger regulation that would make it harder for new entrants to compete.

“The thing about hype is there’s a disconnect between what’s said and what’s actually possible,” said Margaret Mitchell, chief ethics scientist at Hugging Face, an open source AI start-up based in New York. “We had a honeymoon period where generative AI was super new to the public and they could only see the good, as people start to use it they could see all the issues with it.”

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Proximo Congress 2026: US Energy & Infrastructure Finance | Insights | Mayer Brown

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Proximo Congress 2026: US Energy & Infrastructure Finance | Insights | Mayer Brown

Mayer Brown is a proud sponsor of Proximo Congress 2026. This senior meeting of the US energy, infrastructure, and digital infrastructure finance community is shaped around the questions credit and investment committees are actually asking in 2026: how asset classes are converging, how risk is being priced in a recalibrated policy and geopolitical environment, and how public and private capital are being structured together to deliver projects at scale.

Mayer Brown has also been recognized for three separate awards which will be presented during the event. These awards include:

  • Proximo North America Transport Deal of the Year 2025 – SR 400 Peach Partners
  • Proximo North America Rail Deal of the Year 2025 – Brightline West
  • Proximo North America LNG Deal of the Year 2025 – Port Arthur LNG 2

For more information, visit the event website. 

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Finance

What are nonconforming mortgages and what are the risks?

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What are nonconforming mortgages and what are the risks?

If you have ever taken out a mortgage, you’ll know there are a lot of requirements to meet. You may need to put down a certain amount and have a debt-to-income ratio below a certain threshold. You may also run into limits on how much you can borrow or what sources of income the lender will count.

These rules do not apply to all mortgages — just to conforming mortgages, which is what the majority of borrowers take out. However, mortgage lenders are increasingly offering what are known as nonconforming loans, or mortgages that do not “comply with every one of the strict standards put in place after the housing crisis,” said The Wall Street Journal. While “still a small portion,” the “share of mortgages using alternative lending practices” has “doubled in size over the past three years.”

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Financial Stress Is Changing What Consumers Value in Credit Cards | PYMNTS.com

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Financial Stress Is Changing What Consumers Value in Credit Cards | PYMNTS.com

What U.S. consumers ask of their credit cards has changed. For financially stressed households, it has little to do with rewards.

As more households turn to credit cards to manage liquidity and cover everyday expenses, a new set of practical concerns is driving card behavior: Can the card help avoid a missed payment? Can it make balances easier to track? Can it provide enough visibility into available credit and upcoming obligations to help manage an uncertain month?

Those concerns are beginning to reorder what consumers value most in their credit card relationships.

That evidence is clear in “Winning Top of Wallet: How Credit Card Apps Shape Choice,” a PYMNTS Intelligence and Elan Credit Card report examining how consumers use mobile apps to manage spending, payments and engagement across their credit card portfolios. The report found 30% of consumers primarily use credit cards to build credit or extend purchasing power, while another 22% primarily use cards for cash flow management, together outweighing rewards-based usage.

The divide is more pronounced among financially stressed households. Among consumers living paycheck to paycheck and struggling to pay bills, 40% cited credit dependence as their primary reason for using credit cards. Just 11% pointed to rewards.

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For a growing share of consumers, credit cards are functioning less like discretionary spending products and more like liquidity management tools.

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What Matters Most

That evolution is also changing which app features matter most.

Among cash flow-focused consumers, 31% said scheduling payments or autopay encouraged them to spend more on a card, while 27% cited alerts and reminders. Credit-motivated consumers showed similarly high engagement with tools tied to available credit visibility and payment timing.

Rewards still influence spending behavior, particularly among financially stable households. Half of consumers who prioritize rewards said tracking or redeeming rewards through a mobile app encouraged them to spend more on the card.

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But the report suggests that financial stress changes the hierarchy of engagement. As household budgets tighten, rewards become less central than predictability, visibility and control.

That shift helps explain why mobile apps increasingly influence which cards become top of wallet.

Among credit-dependent consumers, 77% said the quality of a credit card app influences which card they use most often. Credit-dependent consumers also reported the highest app adoption levels, with 77% using their primary card’s app regularly or occasionally.

The competition, in other words, is no longer simply about card acquisition. It is about becoming the card consumers rely on to navigate everyday financial management.

Digital Experience Becomes a Financial Retention Tool

The report also suggests that digital experience increasingly shapes retention risk.

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Nearly 1 in 4 cardholders said a poor app or digital experience contributed to reduced card use. Among Gen Z consumers, that figure climbed to 45%.

At the same time, 7 in 10 cardholders said app quality influences which card becomes their primary card, underscoring how mobile interfaces are becoming embedded directly into consumer payment behavior.

For issuers, the implications extend beyond app design.

Consumers living paycheck to paycheck hold nearly as many credit cards as financially stable households, meaning financially stressed consumers are not disengaging from credit entirely. Instead, they are becoming more selective about which cards feel easiest to manage and most useful during periods of financial pressure.

Rewards and promotional offers still matter, particularly among affluent and financially stable consumers. But for a growing segment of households, the most valuable card may be the one that reduces uncertainty around balances, payment timing and available liquidity.

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In a crowded multi-card market, financial visibility itself is becoming part of the product.

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