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HTMLComplying with the Florida Consumer Collection Practice Act
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
November 12, 2014, previously published on October 16, 2014
In addition to ensuring compliance with the federal Fair Debt Collection Practices Act (FDCPA), lenders should take precautions to limit its exposure to claims under the Florida Consumer Collection Practices Act (FCCPA).

 

HTMLUsury in Florida: Penalties
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
Legal Alert/Article
November 12, 2014, previously published on October 7, 2014
There are two “tiers” of penalties for violation of the Florida usury statutes, one civil and the other criminal, and both are severe. Civil penalties usually involve forfeiture of the entire interest charged (or contracted to be charged), such that only the principal balance may be...

 

Adobe PDFA Bank Divided: The “Separate Entity” Rule Lives
H. Bradford Glassman, Bruce R. Grace, A. Katherine Toomey; Lewis Baach PLLC;
Legal Alert/Article
November 12, 2014, previously published on October 2014
New York’s Court of Appeals issued a decision today in Motorola Credit Corporation v. Standard Chartered Bank, resolving, at least for the time being, whether foreign branches of a bank are entities separate from that bank’s US branches for the purpose of serving and enforcing...

 

Adobe PDFThe Rise of a Regulator - New York’s Department of Financial Services Takes Matters Into Its Own Hands
Adam S. Kaufmann, Arthur D. Middlemiss, Hillary Rosenberg, A. Katherine Toomey; Lewis Baach PLLC;
Legal Alert/Article
November 12, 2014, previously published on October 2014
New York’s state-level financial regulator - the Department of Financial Services (“DFS”) - regulates all banks and insurance companies located in New York. It has always been a robust regulator, but until lately, it has operated largely in the background, particularly in high...

 

HTMLNew NBU “Anti-crisis” Measures
Natalia Selyakova; Dentons Canada LLP;
Legal Alert/Article
November 5, 2014, previously published on October 6, 2014
Resolution No. 626 of the Board of the National Bank of Ukraine dated 3 October 2014, which entered into force as of 4 October 2014, has introduced changes to the Resolution No. 540 of the Board of the National Bank of Ukraine dated 29 August 2014, concerning additional “anti-crisis...

 

HTMLRegulators Expect Continued Focus on Fair Lending
H. Gary Pannell; Jones Walker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 16, 2014
Compliance with fair lending requirements continues to rank as a high priority among federal financial regulators. A panel discussion at a meeting of the Mortgage Bankers Association in late September featured representatives of the U.S. Department of Justice, the Consumer Financial Protection...

 

HTMLCFPB Finalizes Rule on Annual Privacy Notices
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 23, 2014
On October 20, the Consumer Financial Protection Bureau ("CFPB") announced that it had finalized a rule to allow financial institutions that meet certain requirements to post their privacy policies online in lieu of mailing annual privacy notices to their customers.

 

HTMLRisk Retention for Commercial Mortgage-Backed Securities: Fact Sheet
David Burkholder, Michael S. Gambro, Anna H. Glick, Stuart N. Goldstein, Robert Kim; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
November 3, 2014, previously published on October 29, 2014
On October 22, 2014, the federal regulatory agencies responsible for implementing regulations under Dodd-Frank finalized the risk retention rules for ABS transactions, including CMBS transactions. The final rules come more than three years after risk retention rules were originally proposed, and...

 

HTMLWritten Document Retention and Destruction Policy Saves the Day (Again)
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern District of Illinois, a recent case out of the Northern District of New...

 

HTMLBanker Bonuses: UK and EU Remain on Collision Course
James Anderson, Patrick Brandt, Helena J. Derbyshire, Gregory P. Norman, Stephen G. Sims; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
October 31, 2014, previously published on October 22, 2014
Since 1 January 2014, the EU’s Capital Requirements Directive (CRD) has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent with approval of a super majority of non-staff shareholders) —...

 


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