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
Regulatory Developments -
FDIC Seeks Comments on Third-Party Lending Guidance -
On July 29, the FDIC announced that it is seeking comments on proposed Guidance for Third-Party Lending addressing steps...more
8/4/2016
/ Beneficial Owner ,
Capital Requirements ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Disclosure Requirements ,
Dodd-Frank ,
FDCPA ,
FDIC ,
Federal Reserve ,
FinCEN ,
Geographic Targeting Order ,
Insurance Industry ,
Mortgages ,
Real Estate Transactions ,
Third Party Lenders
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 -
SEC Proposes Amendments to Update and Simplify Disclosure Requirements as Part of Overall Disclosure Effectiveness Review -
On July 13, the Securities and Exchange Commission (SEC) proposed...more
7/21/2016
/ Banks ,
Broker-Dealer ,
Conflicts of Interest ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Customer Service Standard ,
Disclosure Requirements ,
EU ,
Executive Compensation ,
FASB ,
Fiduciary Duty ,
GAAP ,
Golden Leash Arrangements ,
IFRS ,
Investment Adviser ,
Nasdaq ,
OCIE ,
Overdraft Fees ,
Recess Appointments ,
Securities and Exchange Commission (SEC) ,
Separation of Powers ,
Stocks ,
Telemarketing ,
Vendors
Regulatory Developments -
Client Alert: Volcker Rule Conformance Period for Legacy Covered Fund Activities Extended One Year -
On July 7, the Board of Governors of the Federal Reserve System announced that it has...more
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 -
OFAC Updates Frequently Asked Questions Regarding Lifting Sanctions on Iran -
On June 8, the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC) updated its...more
6/16/2016
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Customer Funds Protection ,
Cybersecurity ,
Department of Labor (DOL) ,
Dodd-Frank ,
Enforcement Actions ,
Fiduciary Duty ,
Iran Sanctions ,
Offerings ,
Office of Foreign Assets Control (OFAC) ,
Preemption ,
Presidential Veto ,
Regulation A ,
Securities ,
Securities and Exchange Commission (SEC)
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 Staff Updates 2014 Money Market Fund Reform FAQs -
On May 23, the staff of the Securities and Exchange Commission’s (SEC) Division of Investment Management published additional...more
Breaking News -
Solicitor General Files Brief in Madden v. Midland Funding -
On May 24, the U.S Solicitor General (SG) filed a brief with the U.S. Supreme Court (the Court) in the matter of Madden v. Midland...more
5/26/2016
/ Automotive Loans ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Financial Services ,
Department of Labor (DOL) ,
Depository Institutions ,
Due Diligence ,
Fair Housing Act (FHA) ,
Fair Labor Standards Act (FLSA) ,
FDIC ,
Financial Services Industry ,
FinCEN ,
Investment Companies ,
Madden v Midland Funding ,
Minimum Salary ,
Money Market Funds ,
National Bank Act ,
Non-GAAP Financial Measures ,
NPRM ,
OCC ,
Online Marketplace Lending ,
Payday Loans ,
Pleadings ,
Preemption ,
PSLRA ,
Reconciliation ,
Reverse Mortgages ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
State Law Claims ,
Unpaid Overtime ,
White-Collar Exemptions
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 -
Client Alert: CFPB Proposes Rules Prohibiting Class-Action Waivers in Arbitration Agreements -
On May 5, the CFPB issued long-expected proposed rules that will drastically limit the use of...more
5/12/2016
/ Anti-Money Laundering ,
Class Action Arbitration Waivers ,
Comptroller ,
Consumer Financial Protection Bureau (CFPB) ,
Due Diligence ,
FDIC ,
FHFA ,
FinCEN ,
Multi-Family Development ,
OCC ,
Online Marketplace Lending ,
Student Loans ,
Tax Evasion
Regulatory Developments -
CFPB Responds to Industry Concerns on Know Before You Owe Rule -
On April 28, the CFPB issued a letter to banking and industry groups in response to an inquiry by the Mortgage Bankers...more
5/5/2016
/ Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Deposit Insurance ,
Enforcement Actions ,
FASB ,
FDIC ,
Investment Adviser ,
Mortgage Lenders ,
Negligence ,
OCC ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Student Loans ,
Volcker Rule
Regulatory Developments -
Federal Banking Regulators Propose Net Stable Funding (Liquidity) Ratio -
The Board of Governors of the Federal Reserve System (Federal Reserve), the Federal Deposit Insurance Corporation...more
4/29/2016
/ Accreditation ,
Banking Regulators ,
Banks ,
Civil Investigation Demand ,
Consumer Financial Protection Bureau (CFPB) ,
Content Aggregators ,
Debt Collection ,
Deposit Insurance ,
Enforcement Actions ,
FDIC ,
Federal Reserve ,
For Profit Colleges ,
Incentive Compensation ,
Lead Generators ,
Liquidity Coverage Ratio ,
Loans ,
Securities and Exchange Commission (SEC)
Regulatory Developments -
Cordray Testifies before Senate Banking Committee -
On April 7, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the Senate Banking Committee during the...more
4/14/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
FinTech ,
FSOC ,
MetLife ,
Mortgage Bankers Association ,
Online Marketplace Lending ,
Richard Cordray ,
Senate Banking Committee ,
SIFIs ,
UK
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 -
FHA Revises Loan-Level Certification Form -
On March 15, the Federal Housing Administration (FHA) announced changes to its loan-level certification form. The changes resulted from concerns...more
3/24/2016
/ Automotive Loans ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Housing Act (FHA) ,
FDIC ,
FinTech ,
Investment Management ,
Madden v Midland Funding ,
Mortgages ,
OCIE ,
Operation Choke Point ,
Preemption ,
Prepaid Payment Products ,
Proxy Access Rule ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Telemarketing Sales Rule
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 Now Accepting Complaints on Online Marketplace Lenders -
On March 7, the Consumer Financial Protection Bureau (CFPB) announced two initiatives: it will now accept complaints from...more
3/10/2016
/ Americold Realty Trust v Conagra Foods ,
Bank Secrecy Act ,
Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Data Security ,
Diversity Jurisdiction ,
Enforcement Actions ,
FBAR ,
FDIC ,
Federal Reserve ,
Financial Institutions ,
FinCEN ,
Liquidity ,
OCC ,
Online Marketplace Lending ,
REIT ,
SCOTUS ,
Trusts ,
Volcker Rule
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