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Adobe PDFBank Capital Plans and Stress Tests: Federal Reserve Issues Instructions and Guidance for the 2015 Comprehensive Capital Analysis and Review Program
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 29, 2014
On October 16, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued its summary instructions and guidance (the “CCAR 2015 Instructions”) for its supervisory Comprehensive Capital Analysis and Review program for 2015 (“CCAR 2015”)...

 

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...

 

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...

 

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...

 

HTMLRecent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
Legal Alert/Article
November 12, 2014, previously published on October 14, 2014
In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter 7. These Courts have based their findings on the “plain...

 

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...

 

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...

 

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.

 


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