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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...

 

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...

 

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...

 

Adobe PDFFinally Certainty About Licensing SPVs Under the FCA Consumer Credit Regime
Bruce C. Bloomingdale, Stephen Day, Angus Duncan, Daniel Marcus, Jeremiah M. Wagner; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 28, 2014, previously published on August 20, 2014
From 1 April 2014, responsibility for the regulation of consumer credit in the UK was transferred from the Office of Fair Trading ("OFT") to the Financial Conduct Authority ("FCA"), drawing certain activities relating to consumer credit within the authorisation and regulated...

 

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...

 

Adobe PDFRestructuring of Unlisted EU Companies: AIFMD Applies to Non-EU Fund Managers on Acquisitions of Substantial Stakes
Robert Cannon, Assia Damianova, Mitzi Huang, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 28, 2014, previously published on August 27, 2014
The Alternative Investment Fund Managers Directive ("AIFMD") imposes restrictions on "asset stripping" on managers ("AIFMs") of alternative investment funds ("AIFs") that acquire control of EU companies. The rules contain new notification requirements (as low...

 

HTMLBeyond the Rent Roll - Retail Lease Agreements
Heather Sue Nason; Rogers Towers, P.A.;
Legal Alert/Article
August 28, 2014, previously published on August 19, 2014
Commercial mortgage lenders of non-owner occupied property need to be adept at reviewing leases to protect themselves from risk. Although the rent roll is a useful tool, some lenders learned during the economic downturn that it was a mistake to rely solely on the rent roll for a picture of the...

 

HTMLBe Careful With Fixed Rate Credit Cards
Michael M. Bell, Steven M. Van Beek; Howard Howard Attorneys PLLC;
Legal Alert/Article
August 27, 2014
One of the many changes from the Credit CARD Act of 2009 was the limitation on using the term "fixed" in relation to credit card rates. Credit unions that want the ability to increase the APRs on their credit cards in the future need to very carefully manage their advertising and...

 


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