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HTMLSEC Adopts Regulation AB II
Cheryl D. Barnes, Joseph W. Beach, David Burkholder, Michael S. Gambro, Anna H. Glick; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Yesterday morning the Securities and Exchange Commission in an open meeting voted to adopt long-awaited final rules (the "Final Rules") implementing a series of changes to the registration and offering process for asset-backed securities (“ABS”) and expanded disclosure and...

 

HTMLUnderstanding Risks Unque to Personal Loan Guarantees
Kohrman Jackson Krantz PLL;
Legal Alert/Article
September 2, 2014, previously published on September 2, 2014
Personal guarantees are commonplace in loans of all types and sizes. However, there are issues that are unique to personal guarantees provided by individuals that need to be taken into consideration when negotiating a loan.

 

HTMLCourt Finds Settlement Obligations to Pay Mortgagor Are Not Discharged By Sending Co-Payable Check to Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Thursday, in Viewpoint Bank v. Allied Property and Cas. Ins. Co., 2014 WL 3867810 (Tex.App.-Dallas August 7, 2014), the Dallas Court of Appeals examined the insurer’s duty to pay a mortgage company in relation to the settlement of an insurance claim arising out of Hurricane Ike. Allied...

 

Adobe PDFNew York State Department of Financial Services Proposes Comprehensive Bitcoin Regulations
Robert W. Gaffey, Harold K. Gordon, Henry Klehm, Howard F. Sidman, Jayant W. Tambe; Jones Day;
Legal Alert/Article
September 2, 2014, previously published on August 2014
The New York State Department of Financial Services ("DFS") recently became the first state regulator to propose a regulatory framework for the bitcoin virtual currency industry. DFS posted its "Regulation of the Conduct of Virtual Currency Business" on its website, as well as...

 

HTMLFlorida Consumer Collection Practices Act Applies to Anyone Collecting a Debt
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
The Florida Consumer Collection Practices Act (“FCCPA”) prohibits anyone attempting to collect a debt from using certain types of abusive, deceptive, and misleading tactics. In a recent decision, Florida’s Second District Court of Appeals ruled that the FCCPA applies not just to...

 

HTMLFinancing the Creative
Deanna Swisher; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
It is time to turn around the phrase “creative financing” to consider financing the creative. Lansing Michigan’s newest incubator, The Runway, will open in August. At The Runway, ten fashion designers-in-residence will be learning how to get their creative ideas to market and move...

 

HTMLUSA PATRIOT Act/AML Update: FinCEN Issues Long-Awaited Proposed Regulations Regarding Beneficial Ownership Disclosure
Carl A. Fornaris, Wendy Li, Micah Schwalb; Greenberg Traurig, LLP;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
On July 23, 2014, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) published highly-anticipated proposed regulations that, if adopted into final regulations, would require banks, securities broker dealers, mutual funds, futures commission merchants, and...

 

HTMLDiscussed with Examiners: Common Issues in Examinations
Randall L. Harbour; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
I recently had the opportunity to lead a discussion of prudential regulators and examiners at a meeting of the Banking Law Committee of the American Bar Association. Our topic was identifying the more frequent issues and problems they are seeing in their examinations of smaller financial...

 

HTML“Backoff” Update — More Widespread, PCI Council Issues Call to Action — If You Accept Credit Cards Via Point-of-Sale, You Need to Read This
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Some weeks ago, we wrote a piece “What You Need to Know About Backoff Malware: The New Threat Targeting Retailers” . It’s apparently gotten worse. Any business utilizing point-of-sale (POS) terminals for “swiping” credit cards needs to pay attention to this threat and...

 

HTMLNon-Dischargeable Tax Debt Not Special Class of Unsecured Creditors
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
August 28, 2014, previously published on August 26, 2014
In numerous previous posts, we have noted that the purpose of the Bankruptcy Code is to help the “honest but unfortunate debtor.” Like gerrymandering, certain “creative” debtors have attempted to classify their non-dischargeable debt as a separate, special class of unsecured...

 


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