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"CFPB order offers insight into pandemic mortgage servicing" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The U.S. Consumer Financial Protection Bureau in December issued a consent order based on alleged violations of its 2014 mortgage servicing regulations. The consent order, which also bootstraps claims of unfairness and deception to alleged technical violations of the servicing regulations —...
Articles"Opinion: How Trump's pardons could get even more bizarre" by Daniel R. Alonso (CNN)
President Donald Trump announced a wave of pardons on Tuesday for people ranging from Republican allies to two men who pleaded guilty in Robert Mueller's Russia investigation . Meanwhile, speculation grows about whether President Trump will pardon three of his adult children, his son-in-law, or...
Articles"Op-ed: What would Manhattan DA candidates do about violent crime?" by Daniel R. Alonso (Daily News)
In an era of unrest and cries for social justice, the eight declared candidates for Manhattan district attorney have, to varying degrees, embraced progressive prosecutorial agendas — aiming to reduce the focus on incarceration in favor of more lenient alternatives, social services, and greater...
Articles"Cross-border internal investigations in Spain" co-authored by Daniel R. Alonso (Anti-Corruption Report)
In recent years, more and more U.S. investigations have touched Spain and various countries within Latin America, in particular Argentina, Brazil, Colombia and Mexico. Loosely speaking, these countries have cultural, language and regional affinities and similarities that make them useful to study...
Articles"CFPB credit stance has broad specialty finance implications" by Jeffrey P. Naimon and H Joshua Kotin (Law360)
The Consumer Financial Protection Bureau issued an advisory opinion at the end of November that could compel specialty-finance companies — including those offering income-share agreements, litigation funding, merchant cash advances and earned wage access products — to take a fresh look at whether...
Articles"Defending attorneys against extortion charges presents unique challenges" by Bradley A. Marcus (Business Crimes Bulletin)
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs’ lawyer in Maryland and sentencing of two plaintiffs’ lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential...
Articles"A referendum on criminal justice reform" by Daniel R. Alonso (Daily News)
New Yorkers of different stripes came together this month to help elect Joe Biden president. Now that that is over, our focus will begin to turn to the key races in the next election. In New York City, the most important of those is the 2021 mayoral race, followed closely by the historic race for...
Articles"Square peg meets round hole: Regulatory responses to challenges created by innovation in banking" by Jonice Gray Tucker, Kari K. Hall, Brendan Clegg, and Anthony Carral (The Business Lawyer)
During the past decade, an underlying tension between the financial sector’s embrace of innovative products and services and the regulatory framework that governs the industry surfaced—and that tension has since become even more acute during the COVID-19 pandemic. Facing pressure from customers’...
Articles"OCC undermines own CRA rule by putting key metric on hold" by Warren W. Traiger (American Banker)
Critics of the Office of the Comptroller of the Currency’s new Community Reinvestment Act rule say it was rushed to completion, bypassing the interagency approach that once defined the rule. Left scattered in its place is a reform (from the OCC) and proposal ( from the Federal Reserve ), leaving...
Articles"Fairness gone viral: Fair lending considerations for financial institutions amid Covid-19" by Jonice Gray Tucker and Caroline M. Stapleton (American Bar Association Business Law Today)
The COVID-19 pandemic has had a disproportionate impact on certain protected classes in the United States, including, in particular, minority populations. Non-white populations have seen higher hospitalization rates, more deaths, and higher unemployment numbers over the past six months as compared...
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