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HTMLCFPB Releases Overdraft Study
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
On July 31, 2014, the Consumer Financial Protection Bureau ("CFPB") released the results of a study prepared by its Office of Research on the topic of checking account overdrafts. The study was based on a sampling of data from several large banks supervised by the CFPB. It contains a...

 

HTMLFINRA Prohibits Conditioned Settlements
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
On July 30, 2014, the Financial Industry Regulatory Authority ("FINRA") adopted a new rule which prohibits brokers from conditioning settlement of a customer dispute on the customer's agreement to prevent the dispute from being made public. New FINRA Rule 2081, entitled "Prohibited...

 

Adobe PDFMississippi Taxpayers Seeing Green! Mississippi Supreme Court Invalidates Restrictive Regulation on Pollution Control Equipment Sales Tax Exemption
John F. Fletcher, Justin B. Stone; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 2014
Yesterday, August 7, 2014, the Mississippi Supreme Court invalidated a sales and use tax regulation where the Mississippi Department of Revenue (the "MDOR") attempted to impose more restrictive requirements than the terms of the underlying statute on the exemption for pollution control...

 

HTMLMississippi Governor Names New Head to Department of Environmental Quality
Susan Floyd King; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
On July 2, 2014, Mississippi Governor Phil Bryant named Gary Rikard to succeed Trudy Fisher as executive director of the Mississippi Department of Environmental Quality ("MDEQ"). Rikard has practiced environmental law since 1996 and is currently a partner with Butler Snow, LLP. Prior to...

 

HTMLEPA Proposes to Remove ASTM E1527-05 as an Approved Standard for Conducting Environmental Site Assessments
Boyd A. Bryan; Jones Walker LLP;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
One of the most significant sources of liability for cleanup of contaminated sites is the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Under CERCLA and its state counterparts, the current owners or "operators" (which includes tenants) of...

 

HTMLFDIC Revises Guidance in Wake of Choke Point Furor
Eric J. Dvas; Jones Walker LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
On July 28, 2014, the Federal Deposit Insurance Corporation ("FDIC") issued Financial Institution Letter FIL-41-2014 pertaining to its supervisory approach to institutions establishing account relationships with third-party payment providers ("TPPPs"). In this new guidance, the...

 

Adobe PDFRecent Board Decision Highlights Serious Threat to Employers
Sidney F. Lewis; Jones Walker LLP;
Legal Alert/Article
August 1, 2014, previously published on July 2014
Several years ago in a case entitled Specialty Healthcare, the National Labor Relations Board ("NLRB") changed a decades-long standard with regard to how a union can organize employees. Prior to Specialty Healthcare, unions typically had to organize "wall-to-wall," meaning that...

 

HTMLFDIC Issues Basel III Relief for Subchapter S-corporation Banks
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
August 1, 2014, previously published on July 24, 2014
On Monday, July 21, the FDIC addressed the circumstances in which it will consider requests from S-corporation banks or savings associations to pay dividends to shareholders to cover taxes on their pass-through share of the bank's earnings, when these dividends would otherwise not be permitted...

 

HTMLSEC Adopts Rules and Guidance on Cross-Border Security-Based Swap Activities
Luke B. Falgoust; Jones Walker LLP;
Legal Alert/Article
July 25, 2014, previously published on July 17, 2014
On June 25, 2014, the Securities and Exchange Commission ("SEC") adopted the first of a series of rules and guidance on cross-border security-based swap activities for market participants. The rules and guidance explain when a cross-border transaction must be counted toward the...

 

HTMLIssuance of Guidance for Banks with HELOCs Nearing End-of-Draw Period
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
In anticipation of some home equity lines of credit ("HELOC") borrowers having difficulty meeting higher payments resulting from principal amortization or interest rate reset or renewing existing loans due to changes in financial circumstances or property values, the federal financial...

 


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