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HTMLRecent DOJ and Regulatory Actions Against Smaller Institutions Suggest That Community Banks Should Continue to Carefully Consider BSA/AML Risks
Jared E. Dwyer, Carl A. Fornaris; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 15, 2015
On March 31, 2015, the National Credit Union Administration liquidated North Dade Community Development Federal Credit Union of Miami Gardens, Florida. In its press release, the NCUA reported that North Dade was liquidated because the “credit union had violated various provisions of its...

 

HTMLU.S. and EU Achieve Framework for Deal in Iran Nuclear Talks
Cyril T. Brennan, Renee A. Latour, Julia Sorrentino; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 2, 2015
On April 2, 2015, the five permanent members of the UN Security Council (China, France, Russia, the United Kingdom, and the United States) plus Germany, the European Union, and Iran came to agreement on a framework for achieving a deal regarding Iran’s nuclear program. This framework forms...

 

HTMLMassachusetts Governor Orders Comprehensive Review of State Regulations
Jack S. Gearan, H. Hamilton Hackney; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 15, 2015
On March 31, 2015, the Governor of Massachusetts signed an executive order initiating a comprehensive review of all regulations promulgated by the Executive Department and leaving in place the regulatory pause announced by the Administration earlier in the year. While short in length, this...

 

HTMLSupreme Court Issues Guidance on Disclosure of Opinions in Registration Statements
Robert A. Horowitz, Steven M. Malina; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on March 26, 2015
In a highly anticipated opinion issued earlier this week in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S. --- (2015), the U.S. Supreme Court disposed of a split amongst circuits and set forth a new test as to when a statement of opinion in a registration...

 

HTMLCourt Holds that ‘Supremacy Clause’ Does Not Create a Private Right of Action to Enforce the Provisions of Medicaid
Robert P. Charrow; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 1, 2015
On Tuesday, March 31, 2015, in Armstrong v. Exceptional Child Center, Inc., No. 14-15 (U.S. March 31, 2015), the Supreme Court ruled 5-4 that private parties do not have the right under the U.S. Constitution’s Supremacy Clause to sue states over low Medicaid reimbursement rates. Plaintiffs...

 

HTMLCuba to Be Removed from U.S. State Sponsors of Terrorism List
Kara M. Bombach, Cyril T. Brennan, Sandra K. Jorgensen, Renee A. Latour; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 14, 2015
On April 14, 2015, President Obama announced the removal of Cuba from the State Department’s list of State Sponsors of Terrorism (SSOT) and formally submitted the statutorily required delisting notification to Congress. Cuba has been designated an SSOT since March 1, 1982. Removing Cuba from...

 

HTMLCFPB Releases its Consumer Arbitration Study
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, Murray B. Silverstein; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 7, 2015
The CFPB released its long-awaited study on the use of pre-dispute arbitration clauses in consumer contracts for financial products and services on March 10, 2015. The 410-page Arbitration Study (Study) (728 pages when including the 2013 Preliminary CBPB Study) is the CFPB’s report to...

 

HTMLNew York Lawmakers Agree on 10-Year Extension of Brownfield Law
Robert M. Rosenthal, Steven C. Russo; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 1, 2015
In a departure from his budget proposal, the Legislature negotiated changes with the Governor to extend the tax credits for New York’s Brownfield Cleanup Program (BCP) with relatively modest changes to BCP eligibility requirements. The Governor’s budget proposal would have limited the...

 

HTMLSEC Adopts Regulation A+: Two New Alternatives for Exempt Capital Raises
Dorothee Fischer-Appelt, Godric C. Shoesmith; Greenberg Traurig Maher LLP;
Legal Alert/Article
April 17, 2015, previously published on April 2, 2015
On March 25, 2015, the U.S. Securities and Exchange Commission (the “SEC” or the “Commission”) adopted final rules implementing Title IV of the Jumpstart Our Business Startups Act (the “JOBS Act”) by amending SEC Regulation A to create two new exemptions for...

 

HTMLSEC Reminds the Fund Industry that Gifts May Violate the 1940 Act, Not Just the Code of Ethics
Richard M. Cutshall, Arthur Don; Greenberg Traurig, LLP;
Legal Alert/Article
April 9, 2015, previously published on March 23, 2015
Late last month, the staff of the SEC’s Division of Investment Management released Guidance Update No. 2015-01 (February 2015), reminding the investment management community of the potential conflicts of interest that arise when the personnel of an investment adviser to a registered...

 


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