Editor's Note -
In This Issue. The Board of Governors of the Federal Reserve System (Federal Reserve), the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (together, the Federal...more
Editor's Note -
No Rest for the Regulators. While many in the financial services industry used the last few weeks of August to enjoy additional time with family and friends before the back-to-school crunch, federal...more
9/13/2018
/ Bank Holding Company ,
Banking Sector ,
Class Action ,
Community Reinvestment Act ,
Consumer Financial Protection Bureau (CFPB) ,
Digital Currency ,
Enforcement Actions ,
Filing Fees ,
FinCEN ,
HMDA ,
Interest Rates ,
Liquidity Coverage Ratio ,
Mortgages ,
OCC ,
Securities and Exchange Commission (SEC) ,
Summary Judgment ,
Volcker Rule
Editor's Note -
Hollow Victory. At the close of its 2013 fiscal year end, the Total Return Fund, sponsored by Pacific Investment Management Company LLC (PIMCO), held over $230 billion in assets under management and, at...more
Editor's Note -
In This Issue. The Securities and Exchange Commission (SEC) issued a no-action letter that closes the gap in investor protection created by the SEC’s approval of FINRA Rule 2165; the SEC’s Investment...more
Regulatory Developments -
FinCEN Provides 90-Day Exceptive Relief From Beneficial Ownership Requirements for Certain Products and Services With Automatic Rollovers or Renewals -
On May 16, the Financial Crimes...more
5/24/2018
/ Anti-Money Laundering ,
Consumer Financial Protection Bureau (CFPB) ,
Federal Trade Commission (FTC) ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
OCC ,
RESPA ,
Securities and Exchange Commission (SEC) ,
TCPA ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Truth in Lending Act (TILA)
Editor's Note -
In This Issue. The Consumer Financial Protection Bureau (CFPB) published its Spring 2018 rulemaking agenda; the U.S. Department of Housing and Urban Development (HUD) announced that it will seek public...more
Editor's Note -
Regulatory Relief, One Way or Another. It seems that banks may finally be the beneficiaries of meaningful regulatory relief and such relief is coming from several different sources. Yesterday, May 8, 2018,...more
5/10/2018
/ Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
Debtors ,
Department of Labor (DOL) ,
Due Diligence ,
Fiduciary Rule ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
FinCEN ,
Lending ,
Repeal ,
Securities and Exchange Commission (SEC)
Editor's Note -
In This Issue. The Securities and Exchange Commission’s (SEC) Division of Enforcement issued answers to frequently asked questions regarding its recently announced Share Class Selection Disclosure...more
Editor's Note -
Judge Rules for Defendants in Mutual Fund Excessive Fee Lawsuit. On March 9, the U.S. District Court for the Southern District of Ohio entered summary judgment for defendants in an action brought under...more
3/15/2018
/ Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
EDGAR ,
FDIC ,
Financial Services Industry ,
FinCEN ,
Initial Coin Offering (ICOs) ,
Liquidity ,
NYSE ,
Request For Information ,
Securities and Exchange Commission (SEC) ,
Servicemembers Civil Relief Act (SCRA) ,
Token Sales
Editor's Note -
Banks Look Like Winners in Tax Reform Bill. On December 20, the House of Representatives, by a vote of 224-201, and the Senate, by a vote of 51-48, passed the Tax Cuts and Jobs Act, the nation’s first...more
Editor's Note -
Attack of the State AGs. On December 12, New York Attorney General Eric T. Schneiderman and 16 other state attorneys general (State AGs) sent a letter to President Trump arguing that past statements by Mick...more
12/14/2017
/ Basel III ,
Cybersecurity ,
Filing Requirements ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Form N-PORT ,
Libor ,
NYSE ,
OCC ,
PCAOB ,
Securities and Exchange Commission (SEC) ,
Stress Tests
Editor's Note -
Change at the Fed. As expected, on November 2, President Trump nominated Jerome H. Powell to be Chairman of the Board of Governors of the Federal Reserve System (FRB) for a term of four years beginning...more
11/9/2017
/ Bank Secrecy Act ,
Banking Sector ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collectors ,
Due Diligence ,
Equity Investors ,
FDIC ,
Federal Trade Commission (FTC) ,
FinCEN ,
OCC ,
Subsidiaries
Editor's Note -
The End of “Too Big to Fail”? On December 15, the Board of Governors of the Federal Reserve System (Federal Reserve Board) adopted a final rule to strengthen the ability of government authorities to...more
12/22/2016
/ Anti-Money Laundering ,
Banks ,
Bylaws ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Data Reporting ,
Fair Lending ,
FinCEN ,
HAMP ,
HMDA ,
HQLA ,
Investment Management ,
Liquidity ,
Marijuana ,
Mutual Funds ,
No-Action Relief ,
NYDFS ,
OCC ,
Proxy Access ,
Securities and Exchange Commission (SEC)
Editor's Note -
Another Cybersecurity Proposal. On the heels of the New York State Department of Financial Services (NYDFS) issuing its proposed regulation that would require banks and insurance companies to institute...more
10/27/2016
/ Acquisitions ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bank Secrecy Act ,
Capital Acquisition Broker (CAB) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Enforcement ,
FDIC ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
FinCEN ,
FinTech ,
Institutional Investors ,
Mergers ,
Mutual Funds ,
NAV ,
OCC ,
Project Catalyst ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Student Loans
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
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
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 -
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 -
DOL Issues Final Fiduciary Rule -
On April 6, the Department of Labor (DOL) unveiled its pre-publication final version of the long-awaited fiduciary rule (the Final Rule). Some of the more...more
4/7/2016
/ Banking Sector ,
Broker-Dealer ,
Community Banks ,
Corporate Governance ,
Cybersecurity ,
Department of Labor (DOL) ,
FDIC ,
Fiduciary Duty ,
Final Rules ,
FinCEN ,
FSOC ,
Funding Portal ,
GE Capital Bank ,
Independent Directors ,
Innovation ,
Investment Adviser ,
Mary Jo White ,
OCC ,
Phishing Scams ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
SIFIs
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 -
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 -
FinCEN Issues Advisory on Update to List of FATF Identified Jurisdictions -
FinCEN has issued an advisory to financial institutions summarizing updates made by the FATF to the list of...more
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