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|Disclosure of Confidential Information within the Cayman Islands¿ Financial Services Industry - A Changing Landscape.|
Stuarts Walker Hersant Humphries;
January 18, 2017, previously published by Previously published on Stuarts Walker Hersant Humphries' website.The Government published The Confidential Information Disclosure Bill on 11 May 2016 which will come into force by September 2016. In doing so, it will repeal and replace The Confidential Relationship (Preservation) Law (2015 Revision) (“CRPL”) which some might say has been unfairly...
|MAS Regulatory Sandbox Guidelines for FinTech|
Ramiro Rodriguez, Suilyn Yip; Selvam & Partners Limited;
January 17, 2017, previously published on December 1, 2016Financial technology (“FinTech”) refers to the usage of new technologies, which include new applications, processes, products or business models, in the provision of financial services. According to an Accenture report, FinTech investment in Asia-Pacific more than quadrupled in 2015 to...
|Is It Safe? Limits of “Safe Harbor” for Temporary Holds on Senior Investor Transactions Under Proposed FINRA Rule 2165|
Bruce M. Bettigole, Clifford E. Kirsch, Sarah Razaq Sallis, Holly H. Smith; Sutherland Asbill & Brennan LLP;
January 13, 2017, previously published on January 12, 2017In addition to the recent increase in regulatory focus on senior investors,1 earlier this fall, the Financial Industry Regulatory Authority (FINRA) filed a rulemaking proposal (the filing) with the Securities and Exchange Commission (SEC) to adopt new FINRA Rule 2165 (Financial Exploitation of...
|FinCEN Issues Guidance to Casinos Confirming that Suspicious Activity Reports May Be Shared with U.S. Parents and Affiliates|
Mark A. Clayton, Carl A. Fornaris, Marina Olman-Pal; Greenberg Traurig, LLP;
January 12, 2017, previously published on January 6, 2017On Jan. 4, 2017, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) issued guidance to casinos to confirm that, subject to certain limitations, a casino may, in accordance with the Bank Secrecy Act (BSA) and its implementing regulations, share a Suspicious...
|OSFI Issues the Draft Guideline E-23 for Public Consultation on Enterprise-Wide Model Risk Management|
Jeffrey S. Graham, Stephen J. Redican, Samantha Tom; Borden Ladner Gervais LLP;
January 11, 2017, previously published on December 22, 2016On December 21, 2016, the Office of the Superintendent of Financial Institutions Canada ("OSFI") released for comment its draft Guideline E-23 Enterprise-Wide Model Risk Management Guideline (the "draft Guideline").
|Projects Disputes Cases in Australia: Recent Cases|
Simon Bellas, John B. Cooper, Steven W. Fleming, Stephen McComish; Jones Day;
January 5, 2017, previously published on December 2016During the second half of 2016, a number of high-profile cases across Australia have offered significant insights to stakeholders in the construction and mining industries. Below, we review several of the key ones.
of a New Financial Services Regulator in Ontario|
Jill E. McCutcheon, Kelly J. Morris, Grace Patenall; Borden Ladner Gervais LLP;
January 3, 2017, previously published on November 29, 2016On November 14, 2016, Ontario Finance Minister Charles Sousa released Ontario's fiscal update, (the "Review") which contained details of the province's intention to create a new provincial Financial Services Regulatory Authority ("FSRA"). This announcement is part of the...
of Appeals Rules No Compensable Taking|
R. Bruce Wallace; Nexsen Pruet, LLC;
January 3, 2017, previously published on December 13, 2016The 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...
|NY DFS Publishes Revised Proposed Cybersecurity Rules for Financial Services Companies|
Mark D. Herlach, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
January 2, 2017, previously published on December 30, 2016On December 28, 2016, the New York Department of Financial Services (the DFS) published a revised proposed cybersecurity regulation (the Revised Regulation) for further public comment. First published in September 2016, the Revised Regulation is a culmination of three years of work by the DFS to...
|OCC Consideration of Special Purpose Fintech Charters Draws Rapid Reaction from State Banking Regulators|
Carl A. Fornaris, Gil Rudolph, Andrew S. Wein; Greenberg Traurig, LLP;
December 21, 2016, previously published on December 15, 2016On Dec. 2, 2016, the Office of the Comptroller of the Currency (OCC) published a preliminary proposal to create a national bank charter for financial technology companies (fintech).1 The rationale in support of the proposal was that such a charter could promote the safety and soundness of fintech...