Editor's Note -
Investment Company Institute Publishes FAQ on SEC No-Action Letter Regarding Auditor Independence. On September 23, the Investment Company Institute (ICI) published a memorandum (ICI Memo) responding to...more
9/29/2016
/ CFCs ,
Commodities ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Debt Relief ,
Department of Labor (DOL) ,
Exemptions ,
Federal Reserve ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FinCEN ,
Internal Revenue Code (IRC) ,
Investment Trust Companies ,
IRS ,
Penalties ,
PFIC ,
Private Letter Rulings ,
Proposed Regulation ,
Public Comment ,
Scams ,
Securities and Exchange Commission (SEC) ,
Subpart F ,
Unfair or Deceptive Trade Practices
Editor's Note -
Investment Advisers Breathe a Sigh of Relief. On Thursday, August 25, the federal district court in New Jersey ruled after a 26-day trial in favor of AXA Equitable Insurance Company and against the...more
9/1/2016
/ Add-ons ,
Anti-Money Laundering ,
Banking Sector ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Customer Identification Program (CIP) ,
Excessive Fees ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
First National ,
Form ADV ,
Investment Adviser ,
Pay-To-Play ,
Public Comment ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Transparency
Editor's Note -
MetLife Fights On. MetLife continued to fight its designation as a nonbank systemically important financial institution (SIFI) this week as the insurer filed its reply brief in the Financial Stability...more
8/19/2016
/ Bitcoin ,
Confidentiality Agreements ,
Debtors ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Financial Industry Regulatory Authority (FINRA) ,
FSOC ,
Gifts ,
Government-Backed Loans ,
Hackers ,
Hong Kong ,
Illegal Gratuities ,
MetLife ,
Mortgages ,
Non-Cash Compensation ,
Retail Investors ,
Robocalling ,
Securities and Exchange Commission (SEC) ,
Securities Exchanges ,
SIFIs ,
Student Loans ,
Whistleblowers
Editor's Note -
OATS Reporting Violations and FINRA Enforcement. FINRA’s Order Audit Trail System (OATS), is an integrated audit trail of order, quote and trade information for all NMS stocks and OTC equity securities,...more
8/12/2016
/ Administrative Law Judge (ALJ) ,
Appeals ,
Appointments Clause ,
Banks ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Diversity ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Federal Reserve ,
FFIEC ,
Financial Industry Regulatory Authority (FINRA) ,
Foreclosure ,
Interim Rule ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Small Business
Editor's Note -
What Exactly Is Bitcoin? In a case featuring a sting operation beginning with meetings in a coffee shop, ice cream store and hotel lobby and ending with the sale of bitcoins to an undercover Miami Beach...more
7/28/2016
/ ACH Payments ,
Amicus Briefs ,
Bitcoin ,
Commerce Clause ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Prosecution ,
CT Supreme Court ,
Customer Due Diligence (CDD) ,
Debt Collection ,
Dormant Commerce Clause ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Forum Selection ,
FRB ,
HMDA ,
Interstate Commerce ,
MERS ,
Money Laundering ,
Money Transmitter ,
Mortgages ,
NACHA ,
Short-Term Loans ,
Virtual Currency
Regulatory Developments -
NY DFS Adopts Final Anti-Terrorism Program Regulation -
On June 30, New York’s Department of Financial Services (DFS) adopted a risk-based anti-terrorism and anti-money laundering...more
7/7/2016
/ Anti-Money Laundering ,
Anti-Terrorism Financing ,
Bank of America ,
Broker-Dealer ,
Brokered Deposits ,
BSA/AML ,
Certiorari ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Financial Services ,
Department of Justice (DOJ) ,
Discriminatory Lending Practices ,
Fair Housing Act (FHA) ,
FDIC ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Mortgages ,
NYDFS ,
Privacy Notice Rule ,
Property Tax ,
Wells Fargo
Regulatory Developments -
FSOC Rescinds GE Capital's SIFI Designation -
On June 29, the Financial Stability Oversight Council (FSOC) announced that it had voted unanimously to “rescind its determination that...more
6/30/2016
/ Comptroller ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Buyers ,
Financial Industry Regulatory Authority (FINRA) ,
FSOC ,
Guidance Update ,
Innovation ,
Investment Adviser ,
Investment Companies ,
Madden v Midland Funding ,
Mortgage Servicers ,
NASD ,
National Bank Act ,
OCC ,
Petition for Writ of Certiorari ,
Preemption ,
Registered Investment Companies (RICs) ,
Securities ,
Securities and Exchange Commission (SEC) ,
SIFIs ,
Smaller Reporting Companies ,
Usury
Regulatory Developments -
CFPB Proposed Rule to Limit Payday Lending and Other High Cost Loans -
On June 2, the Consumer Financial Protection Bureau (CFPB) proposed a rule designed to limit payday loans, auto title...more
6/9/2016
/ Administrative Procedure Act ,
Anti-Money Laundering ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Labor (DOL) ,
Dodd-Frank ,
E*Trade ,
Federal Reserve ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
First Amendment ,
Payday Loans ,
Securities and Exchange Commission (SEC) ,
Usury
Regulatory Developments -
SEC Publishes Small Entity Compliance Guide for Crowdfunding -
On May 13, the Securities and Exchange Commission (SEC) published a small entity compliance guide for companies wishing to...more
5/19/2016
/ Article III ,
Banks ,
Class Action ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Crowdfunding ,
Federal Housing Administration (FHA) ,
Financial Industry Regulatory Authority (FINRA) ,
Funding Portal ,
Injury-in-Fact ,
Mutual Funds ,
Non-GAAP Financial Measures ,
OCC ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Spokeo v Robins ,
Standing
Regulatory Developments -
SEC Issues FAST Act IM Guidance -
The SEC published an IM Guidance Update highlighting two exemptions from registration under the Investment Advisers Act of 1940 (the Advisers Act) that...more
3/31/2016
/ Banking Regulators ,
Banks ,
Basel Committee on Banking Supervision (BCBS) ,
Consumer Financial Protection Bureau (CFPB) ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FSOC ,
Oil & Gas ,
Prepaid Payment Products ,
Qualified Mortgage Rule ,
Securities and Exchange Commission (SEC) ,
SIFIs
Regulatory Developments -
FDIC Adopts Final Rule to Increase Deposit Insurance Fund to Statutorily Required Level -
On March 15, the Federal Deposit Insurance Corporation (FDIC) approved a final rule to increase the...more
Regulatory Developments -
MSRB Publishes Compliance Advisory for Brokers, Dealers and Municipal Securities Dealers -
The MSRB recently published its first Compliance Advisory for Brokers, Dealers and Municipal...more
3/11/2016
/ Broker-Dealer ,
BSA/AML ,
Civil Monetary Penalty ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Market ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Financial Industry Regulatory Authority (FINRA) ,
MSRB ,
OCC ,
Retail Market ,
Securities and Exchange Commission (SEC) ,
SLUSA
Regulatory Developments -
CFPB Announces No-Action Policy for Innovative Consumer Products -
On Feb. 18, the CFPB issued a final policy statement that permits some companies with innovative consumer products to seek...more
Regulatory Developments -
Federal Reserve Board Repeals Regulation AA and Proposes Repeal of Regulation C -
On Feb. 11, the Federal Reserve Board took steps towards transferring some of its rulemaking authority to...more
2/18/2016
/ Anti-Money Laundering ,
CFTC ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
EMIR ,
EU ,
European Commission ,
FDIC ,
Federal Reserve ,
Financial Industry Regulatory Authority (FINRA) ,
Funding Portal ,
OCC ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Stress Tests
Regulatory Developments -
CFPB Announces Steps to Improve Checking Account Access -
On Feb. 3, the CFPB announced that it was taking three steps to expand checking account access to the approximately 10 million...more
2/11/2016
/ Barack Obama ,
Broker-Dealer ,
CFPB Bulletins ,
Checking Accounts ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Department of Justice (DOJ) ,
Dispute Resolution ,
Escrow Accounts ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Executive Orders ,
Fair Credit Reporting Act (FCRA) ,
Fannie Mae ,
Financial Industry Regulatory Authority (FINRA) ,
Freddie Mac ,
HSBC ,
International Data Transfers ,
MSRB ,
Offerings ,
Regulation V ,
Transatlantic Trade and Investment Partnership ,
US-EU Safe Harbor Framework
Regulatory Developments -
FDIC Provides Framework for Cybersecurity in Recent Supervisory Insights -
The FDIC featured an article titled “A Framework for Cybersecurity” in the Winter 2015 issue of Supervisory...more
2/5/2016
/ Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Cuba ,
Cuban Assets Control Regulations (CACR) ,
Cybersecurity ,
Department of Justice (DOJ) ,
Discriminatory Lending Practices ,
Dodd-Frank ,
Export Administration Regulations (EAR) ,
FDIC ,
Federal Reserve ,
Financial Industry Regulatory Authority (FINRA) ,
Funding Portal ,
OCC ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Stress Tests
Regulatory Developments -
Client Alert: FINRA Releases 2016 Regulatory and Examination Priorities Letter -
Goodwin Procter’s Investment Management practice has issued a client alert on FINRA’s Jan. 5 release of its...more
1/14/2016
/ CFTC ,
Examination Priorities ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Holding Companies ,
Institutional Shareholder Services (ISS) ,
Marijuana Related Businesses ,
New Guidance ,
OCIE ,
Proxy Access ,
Proxy Voting Guidelines ,
Securities and Exchange Commission (SEC) ,
Swap Clearing