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"Shedding light on dark patterns: What financial institutions need to know" by Elizabeth E. McGinn, Amanda R. Lawrence, Sherry-Maria Safchuk, and David Rivera (Cybersecurity Law Report)
Regulators, legislators and private litigants are increasingly looking at how companies attract and conduct business with consumers in online settings, and particularly whether these companies are designing user experiences to manipulate behavior in a way that can prove harmful to the consumer. The...
Articles"Challenges of voir dire in a white collar case" by Hank Asbill and Nadav Ariel (The Champion)
Hank Asbill and Nadav Ariel wrote an article in the National Association of Criminal Defense Laywers's The Champion magazine on the challenges of voir dire in a white collar case.
Articles"Lessons from the DA’s race: Manhattan voters don’t embrace radical criminal justice reforms" by Daniel R. Alonso (Daily News)
It’s over, sort of. Manhattan has never seen a district attorney election (well, primary, but let’s not quibble) like this one. Nine candidates threw their hat in the ring, and astonishingly, eight stuck it out to the end. We don’t yet have definitive results, but the in-person vote shows Alvin...
Articles"Opinion: How mortgage servicers can prepare for a crackdown from the CFPB” by Sasha Leonhardt, Jon Langlois, and David McGee (National Mortgage News)
The Consumer Financial Protection Bureau is drawing a line in the sand for the mortgage servicing industry with new guidance and proposed revisions to its mortgage servicing rules. The CFPB expects that the impending expiration of federal foreclosure and forbearance protections for mortgagees will...
Articles"The pendulum always swings twice: Disparate impact under the Obama, Trump, and Biden administrations" by Jeffrey P. Naimon and Sasha Leonhardt (American Bar Association Consumer Financial Services Committee Newsletter)
For over forty years, courts took the lead on interpreting the Fair Housing Act’s (“FHA’s”) prohibition on discriminatory housing practices, including home mortgage lending. While different administrations have varied as to whether the Supreme Court’s disparate impact theory from the Griggs v. Duke...
Articles"Wall Street money a canard in DA race" by Daniel R. Alonso (Daily News)
In a year when more than a dozen people are running for New York City mayor, the race for Manhattan district attorney is not getting much attention. That’s a mistake. A vacant seat in this crucial office — which has only had four incumbents in the past 83 years, going back to Thomas E. Dewey — is a...
Articles"Reaching overseas: U.S. AML reform expands foreign bank subpoena power" by Daniel R. Alonso and Benjamin W. Hutten (American Bar Association Section of International Law Newsletter)
In one of its first acts of 2021, the United States Congress enacted the Anti-Money Laundering Act of 2020 (AMLA), which significantly expands the U.S. government’s ability to subpoena records of foreign banks held outside the United States. Before the enactment of AMLA, the USA PATRIOT Act...
Articles"The Trump test for the next DA: Who can oversee what could be a complex, high-stakes prosecution?" by Daniel R. Alonso (DailyNews)
We are now less than 90 days from the primary for Manhattan District Attorney. As the race heats up, so does the investigation of the Trump Organization and former President Donald Trump. The question voters should be asking is whether any of the eight candidates to succeed DA Cy Vance has what it...
Articles"Compliance lessons in recent Office of Foreign Assets Control enforcement" by Benjamin W. Hutten (Journal of Financial Compliance)
In May 2019, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC), which administers US sanctions laws, issued a broad framework identifying what OFAC views as the essential elements of risk-based sanctions compliance. At the same time, OFAC announced that it would consider...
Articles"Empire state of privacy: Recent developments in New York’s privacy and cybersecurity laws" by Elizabeth E. McGinn, Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (New York Law Journal)
New York over the past few years has steadily raised the bar on privacy and cybersecurity standards for commercial enterprises, and, along with the European Union and California, is increasingly seen as a pacesetter in this fast-developing area of law. Proposed legislation before its General...
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