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HTMLCFPB Proposes Rules For Prepaid Products
Erich M. Hellmold, Aaron M. Kaslow, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
January 10, 2015, previously published on November 24, 2014
On November 13, the Consumer Financial Protection Bureau (“CFPB”) released a proposed rule (the “Proposal”) that would provide significant consumer protections for prepaid accounts through substantial amendments to Regulation E (Electronic Fund Transfer Act) and Regulation Z...

 

HTMLThe CASL Regime(s)—Anti-Spam and Anti-Malware
Tim (Timothy) M. Banks, Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 13, 2014
CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries. If you do business in Canada, you are likely aware that Canada’s Anti-Spam Law (CASL) targets unsolicited commercial...

 

HTMLNew York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Two weeks ago, the New York Court of Appeals issued a decision of great importance to global financial institutions. For the first time, the state's highest court confirmed that New York common law prevents a court from freezing a civil judgment debtor's assets held in foreign bank accounts....

 

HTMLMarket Abuse Surveillance: A Reminder for Prop and Client Traders
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
Patrick Spens, head of market monitoring, at the FCA recently spoke about the FCA’s market surveillance tools and expectations, which serves as a reminder to firms to ensure that they have adequate systems and controls to detect market abuse and suspicious transactions, either through...

 

HTMLDetroit and Stockton Plans Confirmed; Lessons Learned
John B. Hutton, Nancy A. Mitchell; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
Plans of Adjustment were confirmed recently in each of the landmark Detroit, MI and Stockton, CA bankruptcy cases. Although both cases shared many common legal issues, they took different paths to reach confirmation. Detroit, which resolved its cases by entering into settlements with its major...

 

HTMLFCA on Restriction of Retail Distribution of CoCos and Mutual Funds
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
The FCA is proposing to put in place new requirements which would apply when mutual society shares are sold to ordinary retail investors and to tighten the rules around the sale of contingent convertible securities (‘CoCos’). The FCA’s decision is driven by the fact it says; that...

 

HTMLTax Avoidance Schemes: The Balance Between Avoidance and Evasion
Tessa Lorimer; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 5, 2014
Tax avoidance schemes have been plastered all over the press of late. Almost on a daily basis hither to much loved pop stars and television personalities have been ‘ousted’ for investing in a tax avoidance scheme. Taxpayers who have been used to having complete confidentiality regarding...

 

HTMLNew Funds Supervision Team
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
In a speech given by William Amos, director of wholesale banking and investment management, the FCA has announced, that it is creating a fund authorisation and supervision team. The speech focuses on the need for the FCA to ensure investors are receiving the right outcomes from their investments...

 

HTMLThe Liechtenstein Disclosure Facility - Recent Changes
James Edwards; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 20, 2014
HM Revenue & Customs (HMRC) has offered several opportunities over the past seven years to encourage errant tax payers to come forward in order to regularise their tax affairs on relatively benign terms. In 2007 HMRC offered the Offshore Disclosure Facility (ODF) which afforded taxpayers the...

 

HTMLCFPB Issues Fall 2014 Supervisory Highlights Report
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 6, 2014
On October 30th, the CFPB issued its Supervisory Highlights Report. This is the fifth edition of the Report and generally covers CFPB supervisory activities between March and June 2014. The Report highlights problems in two specific markets: student loan servicing and mortgage servicing.

 


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