Articles
Filter
"Between a Rock and Hard Place: Debt Collection, Consumer Remediation and Tax Consequences" by Sasha Leonhardt (Bloomberg BNA)
In recent years, debt collection has become a focal point for regulatory oversight and government enforcement actions. The Consumer Financial Protection Bureau (CFPB) considers debt collection to be a priority and scrutinizes the conduct of debt collectors for violations of the Fair Debt Collection...
Articles“Independent monitor: An alternative for corporate oversight” co-authored by Daniel R. Alonso (La Nación)
En poco tiempo volverá a debatirse en la Cámara de Diputados el proyecto de ley que establece la responsabilidad penal de las personas jurídicas por hechos de corrupción, que contiene previsiones importantes para incentivar a las empresas a ser parte de la solución y no parte del problema. Pero un...
Articles"OCC Improves But Unlevels CRA Ratings" By Warren W. Traiger (Banking Exchange)
On Oct. 12, the Comptroller’s Office revised its Policies and Procedures Manual to instruct examiners to limit the number of Community Reinvestment Act rating downgrades based on evidence that a bank has violated other laws. The revision is a boon to national banks and federal savings associations...
Articles"CFPB Issues Rule Regarding Payday, Title, Deposit Advance, and Certain Other Installment Loans" By Marshall T. Bell (Thomson Reuters)
On October 5, 2017, the CFPB published its final rule (the “Rule”) addressing payday loans, vehicle title loans, and certain other extensions of credit (collectively, “covered loans”). Among the Rule’s key provisions, it requires lenders to determine a borrower’s ability to repay for “covered short...
Articles"Representing Women At The Intersection Of Law And Finance" (Law360)
A recent report by the New York State Bar Association ’s commercial and federal litigation section found that female attorneys fill only about 25 percent of lead counsel roles in New York courtrooms and even less in complex cases. Coincidentally, the report was released around the same time as the...
Articles"BSA/AML Compliance and Enforcement" By Brendan Clegg and Benjamin W. Hutten (ABA Bank Compliance)
After nine months in office, it seems unlikely that the administration’s efforts to change the existing financial industry regulatory regime will affect enforcement of the Bank Secrecy Act (BSA) and its implementing regulations. To the contrary—it appears that law enforcement and national security...
ArticlesJeffrey P. Naimon and Jon David D. Langlois Authored a Law360 Article, "Ignore Borrower Preference In Loss Mitigation? CFPB Says Yes"
Mortgage servicers should not listen to borrowers when it comes to loss mitigation. At least, that’s what the Consumer Financial Protection Bureau says. More specifically, servicers should disregard when a borrower tells the servicer they do not want to keep their home. Officially, this has been...
ArticlesMelissa Klimkiewicz authored a Law360 Article, "Managing Flood Risk When '1,000-Year' Floods Seem Common"
Hurricane Harvey is the most significant in a recent series of catastrophic coastal and riverine floods impacting communities across the United States. This “1,000-year flood” follows two consecutive years of “500-year” floods in Houston, and Houston is not alone. Just ask Missourians about the “1,...
ArticlesFredrick S. Levin Authored a Law360 Article, "2 Litigation Trends Offer Guidance On TCPA Compliance"
$76 million, $14.8 million, $12 million and $3.7 million. These numbers represent some of the Telephone Consumer Protection Act settlement agreements negotiated in 2017. As shown by these numbers, TCPA litigation continues to be a leading litigation risk for corporate America. Recently, several...
ArticlesJeffrey P. Naimon and Sasha Leonhardt Authored a Law360 Article, "Harvey Crisis: How State Laws Will Protect Servicemembers"
As Hurricane Harvey devastated Houston and southeastern Texas this past weekend, thousands of first responders were called to action to provide critical assistance to communities along the Gulf Coast. Even as this storm continues to affect those along the water and move inland, rescue operations,...
Articles