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|Compliance Issues Remain a Hot Topic|
Alan C. Hochheiser; Weltman, Weinberg & Reis Co., L.P.A.;
May 20, 2013, previously published on May 15, 2013As with the past several months, our concentration continues to be on Compliance issues. It is the hottest topic in the collection and bankruptcy industries. The Consumer Financial Protection Bureau (CFPB) continues to be in the news. On April 23rd, Richard Cordray, Director of the CFPB, provided...
|The ISDA March 2013 Dodd-Frank Protocol (the “DF Protocol 2.0”) is Open for Adherence|
Joshua Cohn, Pamela J. Sackmann; Mayer Brown LLP;
May 20, 2013, previously published on May 17, 2013On March 22, 2013, ISDA opened the DF Protocol 2.0 for adherence to market participants. The DF Protocol 2.0 is part of ISDA’s documentation initiative aimed at assisting the derivatives industry in implementing and complying with the regulatory requirements imposed under Title VII of the...
|CFPB’s Proposed Rule Regarding Non-Bank Student Loan Servicers|
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
May 20, 2013, previously published on May 15, 2013On March 14, 2013, the Consumer Financial Protection Bureau (CFPB) proposed a rule that will allow it to supervise certain student loan servicers. “Under the rule, any non-bank student loan servicer that handles more than one million borrower accounts will be subject to CFPB supervisory...
|Reformed Pensions Systems in Central and Eastern Europe: Challenges to Future Safe Pension Benefits|
Jadranka Mrsik; Aleksandar Pulejkov Judgments Law Enforcement Office (Macedonia);
May 20, 2013The objective of this paper is to examine and analyze empirically whether the Central and Eastern Europe countries` reformed pension systems are providing adequate and safe pensions. Starting in 1990s, most Central and Eastern European countries radically reformed their pension systems. The rising...
|CFPB Makes First Preemption Determinations on State Unclaimed Property Laws Relating to Gift Cards|
Jonathan I. Lessner, Marc J. Musyl, Gil Rudolph, Sarah Niemiec Seedig; Greenberg Traurig, LLP;
May 20, 2013, previously published on May 17, 2013Recently, the Consumer Financial Protection Bureau (CFPB) published a final determination as to whether the unclaimed property laws of Maine and Tennessee were inconsistent with, and therefore preempted by, the Electronic Fund Transfers Act, 15 U.S.C. §§ 1693 et seq.(EFTA), as implemented...
|Northern District of New York Rejects FDCPA Plaintiffs’ Equitable Tolling Theory|
Frank Springfield, Jordan Teague; Burr & Forman LLP;
May 17, 2013, previously published on May 14, 2013In Nichols v. Niagara Credit Recovery, Inc., No. 5:12-cv-1068, 2013 WL 1899947 (N.D.N.Y. May 7, 2013), the Northern District of New York held that the plaintiffs’ Fair Debt Collection Practices Act (“FDCPA”) claims were barred by the FDCPA’s one-year statute of limitations,...
|SEC Proposes Rules for Cross-Border Security-Based Swap Transactions|
William J. Breslin, Gregory P. Gnall, Robert M. McLaughlin, David S. Mitchell; Fried, Frank, Harris, Shriver & Jacobson LLP;
May 17, 2013, previously published on May 16, 2013On May 1, 2013, the Securities and Exchange Commission (“SEC”) unanimously voted to propose rules and interpretive guidance to persons engaging in cross-border security-based swap transactions. The rules and guidance are intended to apply to transactions that occur partially within the...
|Dodd-Frank Update: CFTC ISO/RTO Exemptive Order|
Kenneth G. Hurwitz, Diana M. Liebmann, Irina Marinescu, Jeffrey J. Nichols, Brian Sung; Haynes and Boone, LLP;
May 17, 2013, previously published on May 15, 2013On March 28, 2013, the Commodity Futures Trading Commission (“CFTC”) issued a final order exempting specified transactions by certain regional transmission organizations (“RTO”) and independent system operators (“ISO”) from all but the general anti-fraud and...
|Dodd-Frank Update: CFTC Inter-Affiliate Swap Clearing Exemption|
Irina Marinescu, Jeffrey J. Nichols, Brian Sung; Haynes and Boone, LLP;
May 16, 2013, previously published on May 10, 2013On April 1, 2013, the U.S. Commodity Futures Trading Commission (“CFTC”) issued a final rule exempting swaps between certain affiliated entities from the clearing requirement under section 2(h)(1)(A) of the Commodity Exchange Act (“CEA”) and CFTC regulations (“Final...
|City of Harrisburg Settles With SEC on Rule 10b-5 Violations|
Michael G. Bailey, David Y. Bannard, Laura L. Bilas, Heidi H. Jeffery; Foley & Lardner LLP;
May 16, 2013, previously published on May 15, 2013Recently, the SEC settled with the City of Harrisburg (City) over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a multi-year period.