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HTMLFederal Banking Agencies Propose Enhanced Cyber Risk Management Standards
Jennifer C. Everett, Lisa M. Ledbetter; Jones Day;
Legal Alert/Article
November 21, 2016, previously published on November 2016
The Board of Governors of the Federal Reserve System ("Federal Reserve Board"), the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, "the agencies") recently issued a joint advance notice of proposed rulemaking...

 

HTMLFDIC Holds De Novo Outreach Conference
Daniel H. Burd, John J. Spidi; Jones Walker LLP;
Legal Alert/Article
November 16, 2016, previously published on October 27, 2016
As part of its recent efforts to encourage de novo bank applications, on October 13, 2016, the Federal Deposit Insurance Corporation (FDIC) held a Community Banking De Novo Outreach Meeting in its New York Regional Office. The program was entitled "Strategies for Successful De Novo Bank...

 

HTMLCybersecurity Certifications Now Required to Access Death Master File
Wilson G. Barmeyer, Robert D. Owen, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 14, 2016, previously published on November 10, 2016
Tough cybersecurity certification requirements for parties seeking access to certain information in the Social Security Death Master File (DMF) take effect on November 28.

 

Adobe PDFRegulating Fintech in Canada
Robert Dawkins, Jeffrey S. Graham, Anthony Milazzo, Manoj Pundit, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
November 11, 2016, previously published on October 2016
Many believe that Canada has the potential to become a leading, if not the leading, global fintech hub. While the Canadian financial services regulatory system has helped to protect Canadians and their financial institutions from disruption and financial setbacks, our regulatory system has also...

 

HTMLQuébec Superior Court Confirms Strict Liability for Cheque Bearing Forged Endorsement, in a Case of Identity Theft and Mortgage Fraud
Josiane Brault, Alexander De Zordo; Borden Ladner Gervais LLP;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
In Gescoro inc. v. Notaire Francis-Pierre Rémillard (available in French), the Québec Superior Court ruled that a notary's cheque remitted to a fictitious vendor who had stolen the identity of an individual, in order to perpetrate a mortgage fraud in a property sale, can be reversed...

 

HTMLFederal Appeals Court Rules That Bankrupt Debtors’ Choice to "Surrender" Real Property Waives Their Right to Contest Foreclosure
Mark D. Hildreth; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
November 3, 2016, previously published on October 28, 2016
Under Section 521(a)(2)(A) of the federal bankruptcy code, a debtor in a chapter 7 bankruptcy must file a statement within 30 days of the bankruptcy filing notifying the court, creditors and the trustee whether the debtor intends to retain or surrender property encumbered by a mortgage. In its...

 

HTMLCFPB’s Structure is Unconstitutional, D.C. Circuit Court Holds
Meghan O. Serrano; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
November 3, 2016, previously published on October 21, 2016
Lenders and their attorneys have been closely monitoring the enforcement actions and rules promulgated by the Consumer Financial Protection Bureau or CFPB, which was created under the Dodd-Frank Act. The CFPB’s three goals are to educate consumers, enforce federal consumer financial laws, and...

 

HTMLAre Your Loan Documents Executed by the Correct Party?
Alison W. Rind; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
November 2, 2016, previously published on October 21, 2016
Loan documents are only as good as the authority granted to the signatory to execute the document on behalf of your entity borrowers and guarantors. Yet, lenders will often rely on their customer’s verbal confirmation or informal written communication of authorized signatories.

 

HTMLLendors and Venders Need to Protect Interests When Dealing With Consignment Transactions
Arnold D. Spevack; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
November 2, 2016, previously published on October 21, 2016
The Sports Authority bankruptcy filing in March 2016 was a wake-up call to lenders and vendors of the company. It should set off an alarm for all lenders, vendors, and their attorneys to focus on steps to protect their respective interests when it comes to consignment transactions.

 

HTMLFinCEN Issues Advisory to Financial Institutions on Suspicious Activity Reports of Cyber-Events and Cyber Enabled Crime
Peter J. Anderson, Brian L. Rubin, Amelia Toy Rudolph, W. Scott Sorrels, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 31, 2016, previously published on October 31, 2016
On October 25, the Financial Crimes Enforcement Network (FinCEN), one of the U.S. Department of the Treasury’s lead agencies in the fight against money laundering, issued an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and associated Frequently Asked Questions...

 


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