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Documents on Business Law, Banking & Financial Services, Real Estate
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|In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law|
R. Scott Adams, Angela L. Beblo, Debra Lee Hovatter, Sarah B. Smith; Spilman Thomas & Battle, PLLC;
December 2, 2013, previously published on November 26, 2013For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State Attorney General has the ability to retain private attorneys to pursue litigation on behalf of the State. The Supreme Court of Appeals of West Virginia recently issued a decision confirming...
|Doctrine of “Tacking” was Properly Applied to Establish Bank’s Priority in Trademark Action|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
November 28, 2013, previously published on November 26, 2013In a trademark infringement action, a jury found in favor of a foreign bank and against a California financial corporation, where the bank established prior use under the “tacking” doctrine. The Ninth Circuit Court of Appeals held that the jury was properly-instructed on the doctrine...
|Massachusetts Federal Court Agrees Dodd-Frank Preemption Provisions Are Not Retroactive|
David A. Elliott, Kristen Peters Watson; Burr & Forman LLP;
November 27, 2013, previously published on November 22, 2013In Henning v. Wachovia Mortg., FSB, No. 11-11428-WGY, 2013 WL 5229837 (D. Mass. Sept. 17, 2013), the U.S. District Court for the District of Massachusetts recently agreed with numerous decisions of other courts finding that the preemption provisions of the Dodd-Frank Act do not apply retroactively.
|Senate Finance Committee Chairman Baucus Releases International Business Tax Reform Discussion Draft|
Sutherland Asbill Brennan LLP;
November 27, 2013, previously published on November 25, 2013On November 19, 2013, Senate Finance Committee Chairman Max Baucus (D-Mont.) released a “Discussion Draft” of international tax reform proposals. The Discussion Draft proposes significant changes to the taxation of foreign income, including substantially expanding the definition of...
|The CFPB's Supervisory and Enforcement Functions and How They Work Together|
Allyson B. Baker; Venable LLP;
November 27, 2013, previously published on November 25, 2013In an October 9 speech to the FDIC’s Advisory Committee on Economic Inclusion, Steve Antonakes, the Deputy Director of the CFPB and also the Associate Director of the CFPB’s Supervision, Enforcement and Fair Lending (SEFL) Unit, discussed the CFPB’s supervisory and enforcement...
|At Long Last . . . Love: RESPA and TILA Engaged! Wedding Set for August 2015|
Alston Bird LLP;
November 26, 2013, previously published on November 21, 2013On November 20, CFPB Director Richard Cordray and others announced the new residential mortgage disclosures at the Know Before You Owe: Mortgages hearing in Boston. The new forms combine and revise existing RESPA and TILA disclosures into one “Loan Estimate” provided within three...
|CFPB Takes Action against Mortgage Insurer for Alleged Kickbacks|
Robert E. Bostrom, Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
November 26, 2013, previously published on November 21, 2013On November 15th, the CFPB filed a complaint and a proposed consent order against Republic Mortgage Insurance Corporation, a private mortgage insurance company (RMIC). The complaint alleges that RMIC violated Section 8 of the Real Estate Settlement Procedures Act by paying illegal kickbacks to...
|Manager’s Discretionary Roles under the CLO Indenture|
Grant E. Buerstetta, Jaiho Cho; Blank Rome LLP;
November 25, 2013, previously published on November 2013While the primary duties of a manager in a collateralized loan obligation ("CLO") transaction are enshrined in the collateral manager agreement, the indenture also has numerous provisions that require the manager's direction or discretion. Managers must understand these responsibilities...
|CFPB Unveils New Integrated Disclosures Under RESPA and TILA|
Christi A. Lawson; Foley & Lardner LLP;
November 25, 2013, previously published on November 20, 2013Today, in a broadcast streamed live on the internet, the CFPB unveiled the long awaited final rule that contains the Integrated Mortgage Disclosures under the Real Estate Settlement Procedures Act (“RESPA”), Regulation X, and the Truth-In-Lending Act (“TILA”), Regulation Z.
|Federal Efforts to Reform Auto Lending Based on "Disparate Impact" Theory Gain Steam|
David N. Anthony, Paige S. Fitzgerald, Nicholas R. Klaiber, John C. Lynch, Alan D. Wingfield; Troutman Sanders LLP;
November 21, 2013, previously published on November 14, 2013Few U.S. Supreme Court consumer protection cases over the past year were as closely watched and anxiously anticipated as Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Scheduled for oral argument on December 4, with a decision anticipated sometime in mid-2014, the housing discrimination...