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|New York Delays Cybersecurity Rules for Banks/Insurers Until March 1, 2017|
Cynthia J. Larose, Natalie Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 24, 2017, previously published on January 5, 2017The New York State Department of Financial Services has announced - much to the relief of the multitude of financial services companies and insurers regulated by DFS - that it will revamp its recently proposed cybersecurity rule. After receiving more than 150 letters and taking into account recent...
|Customer Complaints as Competitive Intelligence|
Elena A. Lovoy; Adams and Reese LLP;
March 23, 2017, previously published on January 19, 2017There will always be complaints about banks and other financial services companies and some of those complaints result in fodder for jokes:
|Will 2017 Mark the End of the Regulatory Era for Community and Regional Banks?|
Neal C. Wise; Jones Walker LLP;
March 22, 2017, previously published on February 2, 2017Community and regional banks have been struggling for years to keep up with new rules and regulations. According to Independent Community Bankers of America President and CEO Cam Fine, discrete regulatory requirements have increased 40 percent since 2005, U.S. banks have shrunk from 18,000 strong...
|Second Circuit Reverses Lower Court's Restrictions on the Restructuring of Bondholder Rights in Marblegate|
Paul D. Moore, Keri L. Wintle; Duane Morris LLP;
March 9, 2017, previously published on February 16, 2017Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York’s decision in Marblegate Asset Management, LLC v. Education Management Finance Corp., 111 F. Supp.3d 542 (S.D.N.Y....
|Nevada Supreme Court Departs From Ninth Circuit Ruling And Finds HOA Lien Statute Does Not Implicate Due Process|
Jacob D. Bundick, Jennifer L. Gray, Michael R. Hogue; Greenberg Traurig, LLP;
March 8, 2017, previously published on February 3, 2017On Jan. 26, 2017, the Nevada Supreme Court issued a 5-0-2 decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 133 Nev. Adv. Op. 5, holding that Nevada’s HOA “super priority” lien statute, NRS § 113.3116, et seq., (1) does not violate the due...
|Husky Int’l Elecs., Inc. v. Ritz and the Problem of Intent in Receiving Fraudulent Transfers” Authored by Brian M. Streicher in the Florida Bar Journal|
Brian M. Streicher; Lazer, Aptheker, Rosella & Yedid, P.C.;
March 7, 2017, previously published on January 27, 2017Brian M. Streicher, of the Firm’s Banking Litigation Practice Group, recently authored an article titled “Husky Int’l Elecs., Inc. v. Ritz and the Problem of Intent in Receiving Fraudulent Transfers”, which was published in the February, 2017 edition of the Florida Bar...
|RBC v. Trang: When is "Highly Sensitive" Financial Information Not That Sensitive?|
Avi Sharabi; Blaney McMurtry LLP;
March 6, 2017, previously published by OBA Privacy and Access to Information Law Newsletter on January 2017The Supreme Court of Canada has provided guidance to financial institutions holding otherwise “highly sensitive” information to determine when that information is somewhat less sensitive, such that it can be disclosed. The short answer, as provided in detail in the recent decision of...
|How States Might Challenge the OCC’s Fintech Charter|
Brian Barrett, Robert J. Pile; Eversheds Sutherland (US) LLP;
March 1, 2017, previously published on February 24, 2017Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. Litigation challenging the preemptive effect of the fintech charter would likely involve an...
|FINRA and OCIE Announce Examination Areas of Focus|
Jeffrey S. Holik, Renee Kramer; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
March 1, 2017, previously published on January 25, 2017FINRA and OCIE each have issued their 2017 examination priorities. Not surprisingly, there are many common subjects, including (1) high-risk and recidivist brokers, (2) senior investors, and (3) operational risks such as cybersecurity and anti-money laundering. FINRA's Annual Regulatory and...
|Update on the OCC Fintech Charter: The Current Lay of the Land|
Brian Barrett, Kristin Ward Cleare, B. Knox Dobbins, Robert J. Pile; Eversheds Sutherland (US) LLP;
February 22, 2017, previously published on February 22, 2017The Office of the Comptroller of the Currency (OCC) is considering allowing financial technology (fintech) companies to be chartered as special-purpose national banks. Although the planning is still at a preliminary stage, the OCC’s December 2, 2016 white paper makes clear that chartered...