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HTMLThird District Court Of Appeals Reverses Holding on Statute of Limitations for Florida Foreclosures: The Impact of Deutsche Bank Trust Company Americas, as Trustee v. Beauvais
Laura Jessica Bassini, Kimberly A. Mello, Michele L. Stocker; Greenberg Traurig, LLP;
Legal Alert/Article
May 10, 2016, previously published on April 18, 2016
On April 13, 2016, Florida’s Third District Court of Appeal (Third District) issued its en banc opinion in Deutsche Bank Trust Company Americas, as Indenture Trustee for American Home Mortgage Investment Trust 2006-2 v. Beauvais, &under;&under; So. 3d &under;&under;, No. 3D14-575 (Fla. 3d DCA...

 

HTMLFintech—Moving Toward a Regulatory Framework, The OCC Whitepaper on Responsible Innovation
Anna Gryska, Norman R. Miller; Greenberg Traurig, LLP;
Legal Alert/Article
May 3, 2016, previously published on April 18, 2016
On March 31, 2016, the Office of the Comptroller of the Currency (the OCC) released a whitepaper addressing responsible innovation in the federal banking system, particularly as it relates to financial technology, or “fintech” for short. The report does not discuss any specific...

 

HTMLThe Massachusetts Consumer Protection Act:  The Importance Of A Proper Response For A Residential Lender Or Mortgage Servicer Responding To A Borrower’s ‘Chapter 93’ Demand Letter
James P. Ponsetto, David G. Thomas; Greenberg Traurig, LLP;
Legal Alert/Article
May 3, 2016, previously published on April 18, 2016
The Massachusetts Consumer Protection Act (Gen. Law Ch. 93A) affords consumers - including residential borrowers - a private right of action to seek injunctive relief and damages caused by unfair or deceptive acts and practices. A lender or servicer liable under Chapter 93A is exposed to (i) actual...

 

HTMLFederal Reserve Board Proposes New Single-Counterparty Credit Exposure Limits for Large Banking Organizations
Lisa M. Ledbetter, Courtney Lyons Snyder; Jones Day;
Legal Alert/Article
April 27, 2016, previously published on April 2016
A principal tenet of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010[1] ("Dodd-Frank Act") was creation of a comprehensive approach for mitigating threats to the financial stability of the United States ("U.S.") posed by systemically important financial...

 

Adobe PDFDead Letter Office: The Final Repose of the Georgia Confirmation Statute?
Erich N. Durlacher, Kelly E. Waits; Burr & Forman LLP;
Legal Alert/Article
April 27, 2016, previously published on March 2016
In what might be viewed as the last nail in the coffin for Georgia’s confirmation statute, the Georgia Supreme Court’s recent opinion in PNC Bank, National Association v. Smith1 affirms that a lender may contract around the statutory requirement of confirming the results of a prior...

 

Adobe PDFBank Recovery and Resolution Directive Contractual Bail-In
John C. Ahern; Jones Day;
Legal Alert/Article
April 27, 2016, previously published on March 2016
The Bank Recovery and Resolution Directive equips regulatory authorities in Europe with tools designed to protect the stability of the financial system and financial markets in the European Economic Area in the event of bank failure or the failure of a systemically important investment firm.

 

HTMLNew Guidance on Customer Identification in Prepaid and Other Card Programs
David F. Adler, Lisa M. Ledbetter, Ralph F. (Chip) MacDonald, Heith D. Rodman, Albert J. (Al) Rota; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
The U.S. federal banking regulators and the Financial Crimes Enforcement Network ("FinCEN") recently released guidance (the "Guidance") clarifying the applicability of the "know-your-customer" or "customer identification program" regulations (the...

 

HTMLFee Disclosure Box for the Code of Conduct for the Credit and Debit Industry in Canada
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
In addition to the information summary box, the 2015 updates to the Code of Conduct add the requirement that a fee disclosure box setting out the fees for the most common types of card transactions and processing methods be included in merchant-acquirer agreements entered into or renewed starting...

 

HTMLIncreased Disclosure in Sales and Business Practices and Cancellation of Contracts without Penalty
Rachael Belanger, Stephen J. Redican; Borden Ladner Gervais LLP;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
This guidance was originally effective on November 12, 2013. It required clear disclosure of key elements of merchant-acquirer agreements on a cover page at the beginning of the agreement and strongly encouraged the adoption of an information summary box.

 

HTMLMexico Introduces the First Single-Member Corporation: The Simplified Stock Corporation
Antonio Franck C., Blanca Luévano Garcia, Fernando de Leo; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on April 2016
On March 14, 2016, the decree creating the Simplified Stock Corporation (Sociedad por Acciones Simplificada, or "SAS"), the first single-member corporation in Mexico, was published in the Federal Official Gazette.

 


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