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HTMLOCC to Begin Considering Applications for Fintech Charters
James C. Stewart; Jones Walker LLP;
Legal Alert/Article
February 21, 2017, previously published on January 19, 2017
In December 2016, the Comptroller of the Currency announced that the Office of the Comptroller of the Currency (OCC) would begin considering applications for limited-purpose national bank charters from financial technology (fintech) companies. The OCC envisions granting charters to a variety of...


HTMLFederal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by Global Banks
Olga Greenberg, Meghana D. Shah, John E. Sharpe, Ronald W. Zdrojeski; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 16, 2017, previously published on February 15, 2017
A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign Assets Control (OFAC) regulations.1 In Harrison v. Republic of...


Adobe PDFCoverage for Social Engineering Fraud Takes its Place Among the Required Coverage for Canadian Business
Zack Garcia, Christopher McKibbin, David S. Wilson; Blaney McMurtry LLP;
Legal Alert/Article
February 15, 2017, previously published on January 16, 2017
Insurance for loss resulting from the use of technology to commit fraud has existed for decades. Since the 1980s, commercial crime policies have included various forms of computer fraud and funds transfer fraud coverage. Similar coverage has been available in financial institution bonds since the...


Adobe PDFDebtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy
Samantha Alves Orender; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on December 2016
On November 21, 2016, in a case entitled In re Monson,1 the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court's decision,2 which held that a debtor's conduct constituted a willful and malicious injury to a creditor within the meaning of 11 U.S.C. § 523(a)(6), because the debtor...


HTMLWhat the Banking Industry Expects from Connected Cars
Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 10, 2017, previously published on February 9, 2017
The American Banker recently looked at ways in which the connected car might affect not only the roads, but the finance world as well. People might be able to make “truly mobile-payments” as they go through toll booths, visit a drive-through, or stop for gas. Fully autonomous vehicles...


HTMLMortgage Servicers Subject to New California Law Protecting Surviving Spouses and Heirs; Violations Carry Steep Penalties
Jennifer L. Gray; Greenberg Traurig, LLP;
Legal Alert/Article
February 7, 2017, previously published on January 12, 2017
A new California law protects widowed spouses and other survivors, including domestic partners, heirs, siblings, joint tenants, and other people who own their homes but are not listed on the mortgage, from foreclosure following the death of a mortgagor. The Homeowner Survivor Bill of Rights (SBOR),...


HTMLEuropean Account Preservation Order Regulation Comes Into Force
Yiota Costa; Soteris Flourentzos & Associates LLC;
Legal Alert/Article
January 26, 2017, previously published on January 2017
The EU Regulation No 655/2014 of 15 May 2014 (the “Regulation”) took effect as of 18 January 2016, establishing the European Account Preservation Order (“EAPO”) procedure. The purpose of the Regulation is to facilitate cross-border debt recovery in civil and commercial...


Adobe PDFRevised Cybersecurity Rules for New York’s Financial Services Industry
Christopher W. Meyer; Whiteman Osterman & Hanna LLP;
Legal Alert/Article
January 26, 2017, previously published on December 30, 2016
New York’s “first-in-the-nation” financial services cybersecurity rules moved one step closer to reality this week, with issuance of proposed revised rules by the Department of Financial Services.


HTMLU.S Treasury Department Issues Guidance to Assist Financial Institutions in Reporting Cyber-Related Crimes.
C. Phillip Buffington; Adams and Reese LLP;
Legal Alert/Article
January 17, 2017, previously published on December 22, 2016
On October 25, 2016, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued an advisory that provides financial institutions with guidance on their obligations under the Bank Secrecy Act (BSA) to report cyber-enabled crimes. The advisory suggests that financial...


HTMLFederal Bank Regulatory Agencies Release Annual CRA Asset-Size Threshold Adjustments
Mark D. Belongia; Duane Morris LLP;
Legal Alert/Article
January 12, 2017, previously published on January 5, 2017
As stated in the Office of the Comptroller of the Currency press release, those that meet the small and intermediate small institution asset-size thresholds are not subject to the reporting requirements applicable to large banks and savings associations, unless they opt to be evaluated as a large...


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