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HTMLAre There Any Benefits of Filing For Bankruptcy?
Legal Alert/Article
March 6, 2017
Bankruptcy aids individuals or businesses that are in large debt and are unable to pay it, to at least have a turn of events. They are able to resurface and start building their credit. It provides a considerable relief for those buried by unsustainable level of debt. Take a look at its...


HTMLRBC v. Trang: When is "Highly Sensitive" Financial Information Not That Sensitive?
Avi Sharabi; Blaney McMurtry LLP;
Legal Alert/Article
March 6, 2017, previously published by OBA Privacy and Access to Information Law Newsletter on January 2017
The Supreme Court of Canada has provided guidance to financial institutions holding otherwise “highly sensitive” information to determine when that information is somewhat less sensitive, such that it can be disclosed. The short answer, as provided in detail in the recent decision of...


HTMLFINRA and OCIE Announce Examination Areas of Focus
Jeffrey S. Holik, Renee Kramer; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
March 1, 2017, previously published on January 25, 2017
FINRA and OCIE each have issued their 2017 examination priorities. Not surprisingly, there are many common subjects, including (1) high-risk and recidivist brokers, (2) senior investors, and (3) operational risks such as cybersecurity and anti-money laundering. FINRA's Annual Regulatory and...


HTMLHow States Might Challenge the OCC’s Fintech Charter
Brian Barrett, Robert J. Pile; Eversheds Sutherland (US) LLP;
Legal Alert/Article
March 1, 2017, previously published on February 24, 2017
Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. Litigation challenging the preemptive effect of the fintech charter would likely involve an...


HTMLCFPB Outlines New Fair Lending Enforcement Priorities for 2017
Elena A. Lovoy; Adams and Reese LLP;
Legal Alert/Article
February 23, 2017, previously published on January 13, 2017
The start of a new year is traditionally the time to make new resolutions and establish new goals and priorities. The Consumer Financial Protection Bureau (CFPB) has used the calendar change to adopt an “out with the old and in with the new” theme. On December 16, 2016, the CFPB...


HTMLUpdate on the OCC Fintech Charter: The Current Lay of the Land
Brian Barrett, Kristin Ward Cleare, B. Knox Dobbins, Robert J. Pile; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 22, 2017, previously published on February 22, 2017
The Office of the Comptroller of the Currency (OCC) is considering allowing financial technology (fintech) companies to be chartered as special-purpose national banks. Although the planning is still at a preliminary stage, the OCC’s December 2, 2016 white paper makes clear that chartered...


HTMLGet Ready for Out of Court Bond Restructurings: Cliffs and the Reversal of Marblegate
Claudia B. Dubón, Adam H. Friedman, Jonathan T. Koevary, Mitchell Raab; Olshan Frome Wolosky LLP;
Legal Alert/Article
February 20, 2017, previously published on January 23, 2017
In its long-awaited January 17 decision, [1] the United States Court of Appeals for the Second Circuit provided greater certainty to debt holders and companies navigating restructuring of debt outside of bankruptcy court by overturning the district court’s decision in Marblegate Asset Mgmt.,...


HTMLFederal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by Global Banks
Olga Greenberg, Meghana D. Shah, John E. Sharpe, Ronald W. Zdrojeski; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 16, 2017, previously published on February 15, 2017
A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign Assets Control (OFAC) regulations.1 In Harrison v. Republic of...


Adobe PDFDebtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy
Samantha Alves Orender; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on December 2016
On November 21, 2016, in a case entitled In re Monson,1 the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court's decision,2 which held that a debtor's conduct constituted a willful and malicious injury to a creditor within the meaning of 11 U.S.C. § 523(a)(6), because the debtor...


HTMLDual Insurance for Driverless Cars?
Gregory S. Amoroso, Brian L. Rubin, Sarah Razaq Sallis; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 10, 2017, previously published on February 3, 2017
As the football season was winding down, on January 4, 2017, the Financial Industry Regulatory Authority (FINRA) published its 2017 Annual Regulatory and Examination Priorities Letter. According to FINRA President and CEO, Robert Cook, this year’s 11-page letter focuses on “core...


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