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HTMLIssuance of Guidance for Banks with HELOCs Nearing End-of-Draw Period
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
In anticipation of some home equity lines of credit ("HELOC") borrowers having difficulty meeting higher payments resulting from principal amortization or interest rate reset or renewing existing loans due to changes in financial circumstances or property values, the federal financial...

 

HTMLNinth Circuit Rules That Redbox's Collection of Customer Zip Codes Falls under "Deposit" Exception to California's Song-Beverly Act
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's Song-Beverly Credit Card Act, which prohibits retailers from collecting personal...

 

HTMLCFPB Debt Collection (Regulation F) Rulemaking FAQs
Andrew E. Bigart, Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking comment, data, and information from the public about debt collection practices, and in January 2014, the CFPB...

 

HTMLUS Supreme Court Expands (and Potentially Limits) the Reach of the Bank Fraud Statute
Vincent J. Connelly, William Michael, Richard E. Nowak; Mayer Brown LLP;
Legal Alert/Article
July 14, 2014, previously published on July 9, 2014
The US Supreme Court has unanimously held that federal prosecutors can use the federal bank fraud statute, 18 U.S.C. § 1344, against offenders in cases where a bank is not the intended target of a fraud.

 

HTMLCFPB Seeks Comment on the Use of Mobile Financial Services
John B. Beaty, Frederick M. Joyce, Jonathan L. Pompan, D. E. Wilson; Venable LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
On June 12, 2014, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register a notice and request for information (RFI) about how consumers are using mobile financial services to access products and services, manage finances, and achieve their financial goals (with a focus on...

 

HTMLChange is Coming to the Way Americans Pay with Credit/Debit Cards: Is Your Business Ready for the Liability Shift?
Jeffrey Leventhal; Holland Hart LLP;
Legal Alert/Article
July 11, 2014, previously published on July 8, 2014
Beginning in October of 2015, merchants, card issuers, and payment processors must comply with new technical requirements (known as the EMV standard) for debit and credit cards and the accompanying point of sale (POS) infrastructure, or risk being held responsible for the cost of fraudulent...

 

HTMLThe Landmark Tsilhqot’in Nation Decision: What it Means for Project Developers in Canada
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
On June 26, 2014, the Supreme Court of Canada (the “Court”) issued a landmark ruling in the area of aboriginal law with its decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (the “Decision”). The Court declared that the Tsilhqot’in Nation, a...

 

Adobe PDFBank Capital Plans and Stress Tests: Federal Reserve Proposes New Submission Deadlines and Other Revisions to Its Capital Plan Rule; Federal Banking Agencies Propose New Submission Deadlines for Dodd-Frank Act Company-Run Stress Tests
Sullivan Cromwell LLP;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
The Board of Governors of the Federal Reserve System (the “FRB”) recently released a notice of proposed rulemaking (the “FRB NPR”, and the rules set forth therein, the “FRB Proposed Rules”) that would amend the FRB’s capital plan rule (the “Capital...

 

HTMLPermanent Municipal Advisor Registration Rules Effective July 1, 2014
J. Andrew Gipson; Jones Walker LLP;
Legal Alert/Article
July 8, 2014, previously published on June 26, 2014
Following a five-month temporary stay, the Securities and Exchange Commission's permanent municipal advisor registration rules will take effect July 1, 2014. A number of banks (or separately identifiable departments or divisions) providing municipal advice may be required to register as municipal...

 

HTMLEleventh Circuit Rules Post-Confirmation Settlement Proceeds are Property of Chapter 13 Estate
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
Legal Alert/Article
July 8, 2014, previously published on July 1, 2014
A recent case out of the Eleventh Circuit Court of Appeals (the “Court”) concluded that proceeds stemming from a post-confirmation settlement agreement between a chapter 13 debtor and its mortgagor related to a violation of the automatic stay become property of the bankruptcy estate. In...

 


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