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HTMLDetroit and Stockton Plans Confirmed; Lessons Learned
John B. Hutton, Nancy A. Mitchell; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
Plans of Adjustment were confirmed recently in each of the landmark Detroit, MI and Stockton, CA bankruptcy cases. Although both cases shared many common legal issues, they took different paths to reach confirmation. Detroit, which resolved its cases by entering into settlements with its major...

 

HTMLConsumer Financial Protection Bureau - The Basics of the CFPB
Brooks Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
Let’s begin—honestly—by acknowledging that the very words, “the Consumer Financial Protection Bureau” tend to make our eyes glaze over, whether you’re a supporter or opponent of the CFPB’s cause or work for an institution that’s subject to the...

 

HTMLCFPB Issues Final Rule on Annual Privacy Notices
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 20th, the CFPB issued a final rule that will permit financial institutions subject to the CFPB’s Regulation P, which implements the Gramm-Leach-Bliley Act’s privacy provisions (GLBA), to provide their customers with the annual privacy notice by an alternative method. Under...

 

HTMLForex Probe Results in Fines, but Investigation Not Over Yet
Michael Dodson; Burr & Forman LLP;
Legal Alert/Article
November 25, 2014, previously published on November 12, 2014
The American Commodity Futures Trading Commission (CFTC), British Financial Conduct Authority (FCA), and Swiss Financial Market Supervisory Authority (FINMA) announced fines of $3.4 billion against five global banks on Wednesday, November 12th, 2014. The five banks were UBS ($799 million),...

 

HTMLInternational Payment Cards Processing: From Russia with Love
John Stansfield, Andrei Strijak, Timothy Stubbs; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on November 11, 2014
Amendments to the NPS Law, which entered into force 23 October 2014, would significantly affect further development of the Russian payment infrastructure. In fact they require international payment cards to be processed locally and aim to cement the role of the National Payment Card System as the...

 

HTMLEurasian Economic Union
Victoria Simonova; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...

 

HTMLClearing Becoming Clearer: ESMA Publishes Final Draft RTS on Interest Rate Derivatives and Consultation Paper on FX
Rosali Pretorius; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
ESMA published two documents on 1 October 2014 as the implementation of mandatory clearing of certain over-the-counter (OTC) derivatives gathers pace.

 

HTMLExamining the Effect of the Final Dodd-Frank Credit Risk Retention Rule Upon the Student Loan Finance Industry
Stephen S. Kudenholdt, Robert B. Olin, Lauris G.L. Rall; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
The Dodd-Frank Act’s required credit risk retention rules were finalized and adopted by US regulators this week. Below are certain excerpts from the adopting release and from the final rule regarding credit risk retention in student loan securitizations. Essentially, the specific rules...

 

HTMLForeclosure Does Not Preclude Filing a Lawsuit on the Underlying Note
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
Any creditor that obtains a mortgage on property pursuant to a note or some other debt instrument will inevitably have to use the legal process to enforce the instrument. The initial strategy decision is whether to foreclose on the secured property, file a complaint for monetary damages on the...

 

HTMLConsumer Finance Update: New Ginnie Mae minimum net worth, liquidity and demonstrated participation Requirements for Issuers approved for certain Ginnie Mae programs
John Holahan, Richard Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
Ginnie Mae has announced several new requirements in response to the continued transformation of the housing market and the growing number of entities that are granted Issuer approval, yet fail to actively participate in a Ginnie Mae MBS program. In the new year, Ginnie Mae will (1) adjust its...

 


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