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|Compliance Issues Remain a Hot Topic|
Alan C. Hochheiser; Weltman, Weinberg & Reis Co., L.P.A.;
May 20, 2013, previously published on May 15, 2013As with the past several months, our concentration continues to be on Compliance issues. It is the hottest topic in the collection and bankruptcy industries. The Consumer Financial Protection Bureau (CFPB) continues to be in the news. On April 23rd, Richard Cordray, Director of the CFPB, provided...
|The ISDA March 2013 Dodd-Frank Protocol (the “DF Protocol 2.0”) is Open for Adherence|
Joshua Cohn, Pamela J. Sackmann; Mayer Brown LLP;
May 20, 2013, previously published on May 17, 2013On March 22, 2013, ISDA opened the DF Protocol 2.0 for adherence to market participants. The DF Protocol 2.0 is part of ISDA’s documentation initiative aimed at assisting the derivatives industry in implementing and complying with the regulatory requirements imposed under Title VII of the...
|CFPB’s Proposed Rule Regarding Non-Bank Student Loan Servicers|
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
May 20, 2013, previously published on May 15, 2013On March 14, 2013, the Consumer Financial Protection Bureau (CFPB) proposed a rule that will allow it to supervise certain student loan servicers. “Under the rule, any non-bank student loan servicer that handles more than one million borrower accounts will be subject to CFPB supervisory...
|CFPB Makes First Preemption Determinations on State Unclaimed Property Laws Relating to Gift Cards|
Jonathan I. Lessner, Marc J. Musyl, Gil Rudolph, Sarah Niemiec Seedig; Greenberg Traurig, LLP;
May 20, 2013, previously published on May 17, 2013Recently, the Consumer Financial Protection Bureau (CFPB) published a final determination as to whether the unclaimed property laws of Maine and Tennessee were inconsistent with, and therefore preempted by, the Electronic Fund Transfers Act, 15 U.S.C. §§ 1693 et seq.(EFTA), as implemented...
|Northern District of New York Rejects FDCPA Plaintiffs’ Equitable Tolling Theory|
Frank Springfield, Jordan Teague; Burr & Forman LLP;
May 17, 2013, previously published on May 14, 2013In Nichols v. Niagara Credit Recovery, Inc., No. 5:12-cv-1068, 2013 WL 1899947 (N.D.N.Y. May 7, 2013), the Northern District of New York held that the plaintiffs’ Fair Debt Collection Practices Act (“FDCPA”) claims were barred by the FDCPA’s one-year statute of limitations,...
|SEC Proposes Rules for Cross-Border Security-Based Swap Transactions|
William J. Breslin, Gregory P. Gnall, Robert M. McLaughlin, David S. Mitchell; Fried, Frank, Harris, Shriver & Jacobson LLP;
May 17, 2013, previously published on May 16, 2013On May 1, 2013, the Securities and Exchange Commission (“SEC”) unanimously voted to propose rules and interpretive guidance to persons engaging in cross-border security-based swap transactions. The rules and guidance are intended to apply to transactions that occur partially within the...
|Dodd-Frank Update: CFTC Inter-Affiliate Swap Clearing Exemption|
Irina Marinescu, Jeffrey J. Nichols, Brian Sung; Haynes and Boone, LLP;
May 16, 2013, previously published on May 10, 2013On April 1, 2013, the U.S. Commodity Futures Trading Commission (“CFTC”) issued a final rule exempting swaps between certain affiliated entities from the clearing requirement under section 2(h)(1)(A) of the Commodity Exchange Act (“CEA”) and CFTC regulations (“Final...
|Financial Services and Markets—A Perfect Litigation Storm?|
Christopher Braithwaite, Lucas J. Moore; Jones Day;
May 15, 2013, previously published on May 2013For companies operating in the UK financial services sector, recent regulatory reform, greater access to justice and developments in collective action regimes are likely to change the litigation landscape. The process of seeking and obtaining compensation is being made easier.
|FINRA Member Regulation Sales Practice Forum (a/k/a What Keeps Regulators - and Firms - Up at Night)|
Diana C. Campbell Miller, Christina R. LoConte, Andrew W. Sidman; Bressler, Amery & Ross A Professional Corporation;
May 9, 2013, previously published on May 7, 2013A lively and interactive discussion covering regulatory “hot topics” among a panel of regulators and industry representatives marked the most recent meeting of the SRO Sub-Committee of the ABA Securities Litigation Committee on February 25, 2013. FINRA’s Susan Axelrod, former...
|Compliance With Dodd-Frank Swaps Provisions: Update on Key Deadlines Under ISDA Dodd-Frank Protocols|
Akshay N. Belani, William R.B. Springer, Joshua B. Sterling; Bingham McCutchen LLP;
May 8, 2013, previously published on May 7, 2013The ISDA March 2013 Dodd-Frank Protocol (the “March 2013 Protocol”) is now open for adherence by market participants that trade swaps subject to the CFTC’s jurisdiction. This Protocol follows on the ISDA August 2012 Dodd-Frank Protocol (the “August 2012 Protocol”) and...