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Documents on Business Law, Banking & Financial Services
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|Personal Current Account and Small Business Banking Face Full Competition Investigation|
Rebecca Owen-Howes, Sam Szlezinger; Dentons Canada LLP;
November 18, 2014, previously published on November 6, 2014 The Competition and Markets Authority (CMA) has decided to make a market investigation reference (MIR) into personal current accounts (PCAs) and banking services to small and medium-sized enterprises (SMEs).
|Recent Judgment Handed Down in Swaps Litigation|
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
November 17, 2014, previously published on October 1, 2014In the continuing march of swaps litigation, each new judgment handed down represents a fresh carcass over whose bones those involved in such litigation inevitably pick for insights as to how future cases are likely to be decided. The recent judgment in the Crestsign litigation may well prompt the...
|Derivatives Reporting Commences in Canada|
Michael Brown, Brian P. Koscak; Cassels Brock & Blackwell LLP;
November 15, 2014, previously published on November 06, 2014Effective as of October 31, 2014, securities legislation in each of Ontario, Québec and Manitoba came into force that requires “local counterparties” which engage in derivative transactions to report certain derivatives transaction data to a designated trade repository. OSC Rule...
|New CFPB Rule Allows Posting of Annual Privacy Notices|
Christopher R. Rahl; Gordon Feinblatt LLC;
November 14, 2014, previously published on November 2014The Consumer Financial Protection Bureau ("CFPB") recently adopted a final rule permitting certain institutions to post their annual Gramm-Leach-Bliley Act ("GLBA") privacy notices on their websites. The new rule does not apply in all situations and does not cover securities and...
|Complying with the Florida Consumer Collection Practice Act|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
November 12, 2014, previously published on October 16, 2014In 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).
|Quebec’s c Act is Constitutionally Applicable to Banks|
Daniel Everall; Aird Berlis LLP;
October 28, 2014, previously published on October 1, 2014On September 9, 2014, the Supreme Court of Canada (the “Court”) issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act (“CPA”) fee disclosure rules to credit card agreements. In Bank of Montreal v Marcotte, Amex Bank of Canada v...
|Consumer Compliance Risks in Social Media|
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
October 22, 2014, previously published on Fall 2014Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...
|Be Careful What You Ask for: Selecting Forums for Arbitration|
Devin C. Dolive; Burr & Forman LLP;
October 21, 2014, previously published on October 6, 2014On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance regarding contractual arbitration provisions may have implications...
|Taking a Stand Where Few Have Trodden: Structured Dismissal Held Clearly Authorized by the Bankruptcy Code|
Mark G. Douglas, Charles M. Oellermann; Jones Day;
October 16, 2014, previously published on September/October 2014A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common as a way to minimize cost and maximize creditor recoveries. However, only a handful of rulings have been issued on the subject, perhaps because...
|Uniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA|
Mark G. Douglas; Jones Day;
October 16, 2014, previously published on September/October 2014On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the "UFTA"), which is currently in force in 43 states (all states except Alaska, Kentucky, Louisiana, Maryland, New York, South Carolina, and...