In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more
The Ninth Circuit recently reversed a California District Court’s finding of personal jurisdiction against a foreign bank, and found it did not waive appeal on that issue by asserting defenses....more
A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more
Where a Loan Agreement’s arbitration provision stated disputes “will be resolved by Arbitration, which shall be conducted by the Cheyenne River Sioux Tribal Nation by an authorized representative in accordance with its...more
4/9/2018
/ Arbitration ,
Arbitration Agreements ,
CashCall ,
Consumer Financial Products ,
Contract Terms ,
Financial Services Industry ,
Forum ,
Illusory Contracts ,
Native American Issues ,
Online Marketplace Lending ,
Tribal Loans
In a lawsuit filed by the Rehabilitator for a private mortgage insurance provider, the District Court found that the causes of action either failed to meet the Iqbal pleading standard, contained implausible allegations, or...more
We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28,...more
2/27/2017
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Confidential Information ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Disclosure Requirements ,
Financial Institutions ,
Financial Services Industry ,
Information Technology ,
Insurance Industry ,
Notice Requirements ,
NYDFS ,
Personally Identifiable Information ,
Risk Assessment ,
Risk Management ,
Third-Party Service Provider
We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28,...more
1/17/2017
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Comment Period ,
Confidential Information ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Disclosure Requirements ,
Encryption ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
Notice Requirements ,
NYDFS ,
Personally Identifiable Information ,
Popular ,
Risk Assessment ,
Risk Management ,
Third-Party Service Provider
Recently, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more
10/27/2016
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Protection ,
Encryption ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
NYDFS ,
Popular ,
Proposed Regulation ,
Risk Management ,
Third-Party Risk
Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more
10/10/2016
/ Banking Sector ,
Banks ,
Certification Requirements ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Encryption ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
Mobile Apps ,
NYDFS ,
Popular ,
Reporting Requirements ,
Risk Management
Last week, New York’s Department of Financial Services released its long-awaited proposed cybersecurity regulation, which promises to deliver sweeping protections to consumers and financial institutions alike. The proposed...more
9/20/2016
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Protection ,
Encryption ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
NYDFS ,
Popular ,
Proposed Regulation ,
Risk Management