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|Updating Ontario's Financial Services And Pension Regulatory Regime|
Jeffrey S. Graham, Stephen J. Redican, Samantha Tom; Borden Ladner Gervais LLP;
November 28, 2016, previously published on November 18, 2016On November 14, 2016, Ontario's Finance Minister, Charles Sousa, delivered to the Provincial Legislature the 2016 Ontario Economic Outlook and Fiscal Review (the "Outlook"). The Outlook includes information on the Government's plans to establish a new financial services and pensions...
|In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action|
Kimberly A. Mello, Michele L. Stocker, Jonathan S. Tannen; Greenberg Traurig, LLP;
November 24, 2016, previously published on November 14, 2016On Nov. 3, 2016, the Florida Supreme Court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), bringing much-needed clarity to the outstanding question of whether the dismissal of a mortgage foreclosure action more than...
|CFPB: Consider the Future Post-Obama|
Brian Barrett, Thomas M. Byrne, Kymberly Kochis, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
November 23, 2016, previously published on November 17, 2016The election of Donald Trump and the new administration means a changed political reality for the Consumer Financial Protection Bureau (CFPB). The President-elect is expected to replace Director Richard Cordray as head of the CFPB soon after taking office. Looking further ahead, the Republican...
|Cybersecurity Certifications Now Required to Access Death Master File|
Wilson G. Barmeyer, Robert D. Owen, Phillip E. Stano, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill & Brennan LLP;
November 14, 2016, previously published on November 10, 2016Tough cybersecurity certification requirements for parties seeking access to certain information in the Social Security Death Master File (DMF) take effect on November 28.
|11th Circuit Court of Appeals Rejects Class Action Alleging Violation of Mortgage Satisfaction Recording Laws, Finding Injury-In-Fact Lacking Under Spokeo.|
John L. McManus, Jeremy R. Singer, Michele L. Stocker; Greenberg Traurig, LLP;
November 14, 2016, previously published on November 3, 2016On Oct. 6, 2016, the U.S. Court of Appeals for the 11th Circuit decided Nicklaw v. CitiMortgage, Inc., -- F.3d --, 2016 WL 5845682, (11th Cir. 2016), holding that a class action plaintiff who alleged that CitiMortgage violated New York law by failing to timely record a satisfaction of mortgage,...
|How to Shift the Risk out of the Government for Government Projects|
David M. Lick; Foster, Swift, Collins & Smith, P.C.;
November 11, 2016, previously published on October 31, 2016Previously, the government assumed the risks for its projects. The risk included obtaining the best design from one architect, proper construction completion from a contractor, and the least cost financing. The risk included cost overruns, timely completion and ownership of any failures or...
|Banking Regulators Release Advanced Notice of Proposed Rulemaking on Enhanced Cyber Risk Management Standards|
Elizabeth C. Rogers; Greenberg Traurig, LLP;
November 7, 2016, previously published on November 1, 2016Federal regulators in the financial services sector have become the latest among the growing field of cybersecurity risk management watchdogs. On Oct. 19, 2016 the Board of Governors of the Federal Reserve System (Federal Reserve), Office of the Comptroller of the Currency (OCC), and Federal...
|CFPB’s Structure is Unconstitutional, D.C. Circuit Court Holds|
Meghan O. Serrano; Shumaker, Loop & Kendrick, LLP;
November 3, 2016, previously published on October 21, 2016Lenders and their attorneys have been closely monitoring the enforcement actions and rules promulgated by the Consumer Financial Protection Bureau or CFPB, which was created under the Dodd-Frank Act. The CFPB’s three goals are to educate consumers, enforce federal consumer financial laws, and...
|FinCEN Issues Advisory to Financial Institutions on Suspicious Activity Reports of Cyber-Events and Cyber Enabled Crime|
Peter J. Anderson, Brian L. Rubin, Amelia Toy Rudolph, W. Scott Sorrels, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
October 31, 2016, previously published on October 31, 2016On October 25, the Financial Crimes Enforcement Network (FinCEN), one of the U.S. Department of the Treasury’s lead agencies in the fight against money laundering, issued an Advisory to Financial Institutions on Cyber-Events and Cyber-Enabled Crime and associated Frequently Asked Questions...
|PHH v. Consumer Financial Protection Bureau: What it Means for Current and Future CFPB Enforcement|
Ethan (Eitan) Levisohn, Mary M. Shepro, C. Hunter Wiggins; Jones Day;
October 28, 2016, previously published on October 2016On October 11, 2016, the United States Court of Appeals for the District of Columbia issued its long-awaited decision in PHH Corporation, et al. v. Consumer Financial Protection Bureau ("PHH Corp."). In a lengthy opinion, the court vacated the Consumer Financial Protection Bureau's...