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HTMLU.S Treasury Department Issues Guidance to Assist Financial Institutions in Reporting Cyber-Related Crimes.
C. Phillip Buffington; Adams and Reese LLP;
Legal Alert/Article
January 17, 2017, previously published on December 22, 2016
On October 25, 2016, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued an advisory that provides financial institutions with guidance on their obligations under the Bank Secrecy Act (BSA) to report cyber-enabled crimes. The advisory suggests that financial...


HTMLNew York Releases Revised Proposed Cybersecurity Regulations
Frank J. Fanshawe, Joseph J. Lazzarotti, Rosemary McKenna, Damian J. Privitera, Damon W. Silver; Jackson Lewis P.C.;
Legal Alert/Article
January 17, 2017, previously published on January 9, 2017
The New York State Department of Financial Services (“DFS”) has released a revised version of its proposed cybersecurity regulations, which set regulatory minimum standards for protecting the customer information and information systems of the financial services industry. The Revised...


HTMLIs It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165
Bruce M. Bettigole, Clifford E. Kirsch, Sarah Razaq Sallis, Holly H. Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 13, 2017, previously published on January 12, 2017
In addition to the recent increase in regulatory focus on senior investors,1 earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the Securities and Exchange Commission (SEC) to adopt new FINRA Rule 2165 (Financial Exploitation of...


HTMLFinCEN Issues Guidance to Casinos Confirming that Suspicious Activity Reports May Be Shared with U.S. Parents and Affiliates
Mark A. Clayton, Carl A. Fornaris, Marina Olman-Pal; Greenberg Traurig, LLP;
Legal Alert/Article
January 12, 2017, previously published on January 6, 2017
On Jan. 4, 2017, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) issued guidance to casinos to confirm that, subject to certain limitations, a casino may, in accordance with the Bank Secrecy Act (BSA) and its implementing regulations, share a Suspicious...


HTMLFederal Bank Regulatory Agencies Release Annual CRA Asset-Size Threshold Adjustments
Mark D. Belongia; Duane Morris LLP;
Legal Alert/Article
January 12, 2017, previously published on January 5, 2017
As stated in the Office of the Comptroller of the Currency press release, those that meet the small and intermediate small institution asset-size thresholds are not subject to the reporting requirements applicable to large banks and savings associations, unless they opt to be evaluated as a large...


HTMLBank Regulators Encourage Early Implementation of New Credit Loss Standards
Peter J. Rivas; Jones Walker LLP;
Legal Alert/Article
January 11, 2017, previously published on December 16, 2016
On June 16, 2016, the Financial Accounting Standards Board adopted new credit loss standards for financial institutions: Accounting Standards Update (ASU) No. 2016-13, Financial Instruments - Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instrument. These new standards...


HTMLStatutory Demands in the Cayman Islands
Gary Smith, Ramona Tudorancea; Loeb Smith;
Legal Alert/Article
January 6, 2017, previously published on Winter 2017
A statutory demand is a formal demand for payment of a debt made by a creditor to a debtor. It may be used as the basis for an application for a petition to wind up a Cayman company.


HTMLFrance Moves Forward on Implementation of Cybersecurity Framework for Operators of Critical Infrastructures
Olivier Haas, Daniel J. (Dan) McLoon, Hatziri Minaudier, Mauricio F. Paez, Undine von Diemar; Jones Day;
Legal Alert/Article
January 5, 2017, previously published on December 2016
On November 28, 2016, four sector-specific orders were adopted by France's Secretary General for Defense and National Security, on behalf of the Prime Minister. These orders (document in French) aim to complete the information systems security plan applicable to the Operators of Critical...


HTMLSC Supreme Court Disciplines Lawyer for Failing to Notice Opponent with Trial Records Subpoena
R. Bruce Wallace; Nexsen Pruet, LLC;
Legal Alert/Article
January 4, 2017, previously published on December 15, 2016
In a nearly unprecedented public disciplinary order, the South Carolina Supreme Court, on November 15, 2016, sanctioned a family court lawyer by public reprimand for failing to serve notice of a records subpoena on opposing counsel. The Disciplined Attorney argued that the rule did not require...


HTMLFintech Banks - Comptroller of the Currency Proposes New Special Purpose Charter
William M. (Will) Atherton, Ralph F. (Chip) MacDonald, Camden Wesley Williams; Jones Day;
Legal Alert/Article
January 3, 2017, previously published on December 2016
The Comptroller of the Currency announced on December 2, 2016, that his Office ("OCC") was moving forward with a proposal to create a special purpose national bank ("Fintech Charter") for fintech firms ("Announcement"). The OCC simultaneously released Exploring Special...


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