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HTMLEBA Opinion on CRD IV Use of Special Allowances
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The European Banking Authority (EBA) has published an opinion on the application of the Capital Requirements Directive IV (CRD IV), the principles of remuneration policies of credit institutions and investment firms and the use of special allowances.

 

HTMLDetroit and Stockton Plans Confirmed; Lessons Learned
John B. Hutton, Nancy A. Mitchell; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
Plans of Adjustment were confirmed recently in each of the landmark Detroit, MI and Stockton, CA bankruptcy cases. Although both cases shared many common legal issues, they took different paths to reach confirmation. Detroit, which resolved its cases by entering into settlements with its major...

 

HTMLCFPB Issues Final Rule on Annual Privacy Notices
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 20th, the CFPB issued a final rule that will permit financial institutions subject to the CFPB’s Regulation P, which implements the Gramm-Leach-Bliley Act’s privacy provisions (GLBA), to provide their customers with the annual privacy notice by an alternative method. Under...

 

HTMLWhen Requesting the Abatement of Penalties for Failure to File International Information Returns Can Be a Trap for the Unwary
Seth G. Cohen; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
A letter from the Internal Revenue Service (IRS) threatening to impose substantial (some would say draconian) penalties can be a harrowing experience for any taxpayer or their advisor. A natural reaction would be to send a letter or make a phone call to the IRS requesting that the penalty be either...

 

HTMLNew IRS Streamlined Filing Procedures Expands Eligibility to Us Residents and Foreign Residents
Shannon Smith Retzke; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
For the first time, the Internal Revenue Service (IRS) streamlined filing procedures are available to US resident taxpayers who have unreported foreign income or financial accounts. The new streamlined procedures also eliminate the risk assessment process associated with the old streamlined...

 

HTMLMarket Abuse Surveillance: A Reminder for Prop and Client Traders
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
Patrick Spens, head of market monitoring, at the FCA recently spoke about the FCA’s market surveillance tools and expectations, which serves as a reminder to firms to ensure that they have adequate systems and controls to detect market abuse and suspicious transactions, either through...

 

HTMLIgnoring IRS Notice of Deficiency May Leave Taxpayer With No Recourse for Contesting Tax Liability
Jill Misener, David J. Moise; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
The US Tax Court recently held in Onyango v. Comm’r 142 T.C. 24 (2014) that a taxpayer could not contest a tax liability prior to making payment where the Internal Revenue Service (IRS) issued a valid Notice of Deficiency and the taxpayer failed to take advantage of previous opportunities to...

 

HTMLFlorida Court Casts Doubt on Ability to Rely on Account Histories of Prior Note Holders and Servicers
Craig S. Barnett, Avi Benayoun, Michele L. Stocker; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
On Oct. 13, 2014, the First District Court of Appeal issued a significant decision in Burdeshaw v. The Bank of New York Mellon, et al., -- So. 3d -- (Fla. 1st DCA Oct. 13, 2014) which now calls into question whether a note purchaser can rely on the business records of prior note holders and...

 

HTMLCFPB Issues Fall 2014 Supervisory Highlights Report
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 30th, the CFPB issued its Supervisory Highlights Report. This is the fifth edition of the Report and generally covers CFPB supervisory activities between March and June 2014. The Report highlights problems in two specific markets: student loan servicing and mortgage servicing.

 

HTMLCFPB Finalizes Amendments to Mortgage Rules
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 23rd, the CFPB issued a final rule amending three provisions of the CFPB’s 2013 mortgage rules.

 


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