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|Impact of West Virginia Supreme Court Ruling on Foreclosures|
Julia A. Chincheck, Daniel J. Cohn, Sandra M. Murphy; Bowles Rice LLP;
February 9, 2015, previously published on January 9, 2015The Supreme Court of Appeals of West Virginia recently created significant new law regarding foreclosures and deficiency actions in West Virginia.
|New Federal Law Allows Savings Accounts for Individuals with Disabilities|
Michael A. Bush; Bowles Rice LLP;
February 9, 2015, previously published on January 13, 2015Effective January 1, 2015, the Achieving A Better Life Experience Act (ABLE), a new federal law, provides another tool for special needs planning.
|The "Separate Entity Rule" Remains Alive and Well in New York State|
Kenneth R. Puhala; Schnader Harrison Segal & Lewis LLP;
February 6, 2015, previously published on October 2014On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question certified to the court by the U.S. Court of Appeals for the Second...
|U.S. Government Resets Cuban Policy and Eases Sanctions Against Cuba|
Jeffrey P. Bialos, B. Scott Burton, Mark D. Herlach, John S. Pruitt, Beverly J. Rudy; Sutherland Asbill & Brennan LLP;
February 6, 2015, previously published on December 18, 2014Yesterday, President Obama announced that the United States and Cuba will begin talks to resume full diplomatic relations and partially lift travel and economic sanctions and restrictions, some of which have existed for more than 50 years. The announcement came after 18 months of secret discussions...
|Cyber Attacks: Is Your Bank Insured?|
David L. Cox, Erica J. Dominitz, Erich M. Hellmold, Aaron M. Kaslow, Edward G. Olifer, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
February 6, 2015, previously published on January 12, 2015State and federal banking regulators’ recent focus on cyber security and cyber insurance underscores the importance of procuring cyber insurance, both as a risk management tool and for purposes of demonstrating regulatory compliance. As such, it is imperative that financial institutions...
|Recent CFPB Auto Finance Fair Lending Guidance|
Christopher R. Rahl; Gordon Feinblatt LLC;
February 5, 2015, previously published on October 7, 2014The CFPB recently released their Summer 2014 issue of “Supervisory Highlights.” The publication addresses the CFPB’s fair lending supervisory activity in connection with indirect auto financing. It also provides insight into the CFPB’s views concerning acceptable methods for...
|Data Breach Litigation - Financial Institutions Score Another Shot|
Melody McAnally; Butler Snow LLP;
February 5, 2015, previously published on January 12, 2015Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013 (“Target MDL”). It is not as well known that in the Target...
|The ISDA Resolution Stay Protocol|
Joshua Cohn, Curtis A. Doty, Walker Scheile; Mayer Brown LLP;
February 4, 2015, previously published on November 25, 2014On November 12, 2014, the International Swaps and Derivatives Association (“ISDA”) announced that the ISDA 2014 Resolution Stay Protocol (“Protocol”) became open for adherence. More than one-hundred institutions adhered to the Protocol on the launch date, including 18 major...
|Changes to Mortgage Servicing Rules|
Brooks Bossong; Nexsen Pruet, LLC;
January 30, 2015, previously published on November 20, 2014Armed with some background on what the Consumer Financial Protection Bureau (“CFPB”) is and does (from my 11-11-14 blog entry), let’s dive directly into the issue of rules. For starters, let’s look into the CFPB’s new rules relating to servicing mortgages.
|Leaving America for Good - Record Numbers of American Expatriate after IRS Crackdown on Americans Living Abroad|
Withers Bergman LLP;
January 22, 2015, previously published on December 19, 2014Each quarter, the United States publishes a list of the names of each individual losing United States citizenship. This list includes certain long-term residents who are treated as if they were citizens of the United States who lost citizenship. The quarter ending June 30, 2014 saw another 576...