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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...


HTMLBank Regulators Encourage Early Implementation of New Credit Loss Standards
Peter J. Rivas; Jones Walker LLP;
Legal Alert/Article
January 11, 2017, previously published on December 16, 2016
On June 16, 2016, the Financial Accounting Standards Board adopted new credit loss standards for financial institutions: Accounting Standards Update (ASU) No. 2016-13, Financial Instruments - Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instrument. These new standards...


HTMLNew Flexible Real Estate Investment Vehicle in Belgium
Matthieu Duplat, Howard Liebman, Valerie Oyen, David Roger, Laurent Vercauteren; Jones Day;
Legal Alert/Article
January 10, 2017, previously published on December 2016
The Brexit decision has raised questions as to whether London's role as the financial capital of Europe may be altered and therefore open the way for other European cities to reposition themselves as financial centers. In this context, the Belgian government has tackled the issue of attracting more...


HTMLFrance Moves Forward on Implementation of Cybersecurity Framework for Operators of Critical Infrastructures
Olivier Haas, Daniel J. (Dan) McLoon, Hatziri Minaudier, Mauricio F. Paez, Undine von Diemar; Jones Day;
Legal Alert/Article
January 5, 2017, previously published on December 2016
On November 28, 2016, four sector-specific orders were adopted by France's Secretary General for Defense and National Security, on behalf of the Prime Minister. These orders (document in French) aim to complete the information systems security plan applicable to the Operators of Critical...


HTMLSC Supreme Court Disciplines Lawyer for Failing to Notice Opponent with Trial Records Subpoena
R. Bruce Wallace; Nexsen Pruet, LLC;
Legal Alert/Article
January 4, 2017, previously published on December 15, 2016
In a nearly unprecedented public disciplinary order, the South Carolina Supreme Court, on November 15, 2016, sanctioned a family court lawyer by public reprimand for failing to serve notice of a records subpoena on opposing counsel. The Disciplined Attorney argued that the rule did not require...


HTMLFintech Banks - Comptroller of the Currency Proposes New Special Purpose Charter
William M. (Will) Atherton, Ralph F. (Chip) MacDonald, Camden Wesley Williams; Jones Day;
Legal Alert/Article
January 3, 2017, previously published on December 2016
The Comptroller of the Currency announced on December 2, 2016, that his Office ("OCC") was moving forward with a proposal to create a special purpose national bank ("Fintech Charter") for fintech firms ("Announcement"). The OCC simultaneously released Exploring Special...


HTMLSC Court of Appeals Rules No Compensable Taking
R. Bruce Wallace; Nexsen Pruet, LLC;
Legal Alert/Article
January 3, 2017, previously published on December 13, 2016
The South Carolina Supreme Court, in Carolina Conv. Stores v. City of Spartanburg, Op. No. 27663 (S.C.Sup.Ct. filed August 31, 2016) (Shearouse Adv.Sh. No. 35 at 12), tackled the issue of whether a city’s SWAT response to a hostage situation constitutes inverse condemnation of a...


HTMLBill Would Limit Applicability of Dodd-Frank Act to Certain Financial Institutions
Richard J. Cino, Jessica L. Sussman; Jackson Lewis P.C.;
Legal Alert/Article
January 3, 2017, previously published on December 13, 2016
A bill in Congress would significantly amend the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) to change what institutions might be designated a systemically important risk requiring additional scrutiny. This change may result in reduced regulation of smaller banks.


HTMLEnhanced Cyber Risk Management Standards Announced in Joint Rulemaking Initiative by Treasury, Federal Reserve, and FDIC
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 29, 2016, previously published on December 28, 2016
On October 19, 2016, the three major federal banking regulators announced a joint advance notice of proposed rulemaking (ANPR) for enhanced cyber risk management standards (Enhanced Standards) for large and interconnected federally regulated financial institutions and their third-party service...


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