Publications
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"'Do I really need to keep this?'" by Caitlin M. Kasmar (Corporate Compliance Insights)
Navigating the Information Age Without Saving Everything Data retention is a persistent challenge for in-house counsel, but developing workable information governance policies and procedures needn’t be a taxing exercise; in fact, they can generate measurable cost savings to the company. Here,...
Articles"Takeaways from military member complaints at CFPB" by Jeffrey P. Naimon, Benjamin K. Olson, Sasha Leonhardt, and Christina R. Smith (Law360)
The Consumer Financial Protection Bureau ’s Office of Servicemember Affairs recently released a report highlighting issues facing military consumers based on complaints submitted by service members, veterans and their families. This report identifies categories and trends among the approximately 48...
Articles"7 tips for surviving FHA’s annual recertification process" by Melissa Klimkiewicz, Michelle L. Rogers, Kathryn L. Ryan, and Kathryn R. Goodman (HousingWire)
The past year brought some good news for Federal Housing Administration mortgagees, as top Department of Housing and Urban Development officials continued to urge the Department of Justice to reduce reliance on the False Claims Act in enforcing FHA program requirements. Notwithstanding this...
Articles"Equipment finance: Understanding licensing obligations" by Kathryn L. Ryan, Moorari K. Shah, and Frida Alim (Equipment Leasing & Finance Magazine)
Licensing Considerations, Generally The applicability of state licensing laws may depend on multiple factors, including transaction structures, business entity types and whether the activities are appropriately classified as “commercial” or another type of non-consumer transaction. Although the...
Articles"The great data breach standing circuit split" by Amanda R. Lawrence, Antonio J. Reynolds, and Michael A. Rome (Law360)
Data breaches are back in the news in a big way. Over the past several weeks alone, prominent hotel chains, online platforms and retailers announced significant data breaches. Unsurprisingly, in the aftermath of these disclosures, consumers filed class actions alleging that the data breaches...
Articles"Banks shouldn’t be middleman in revealing true account owners" by Daniel P. Stipano (American Banker)
The objectives of a recent Financial Crimes Enforcement Network rule — requiring financial firms to verify the identities of true account owners — are undoubtedly laudable. But whether the regulation achieves those objectives is another question. The agency’s Customer Due Diligence rule went into...
Articles"SEC tool could test executive online impulse control" by Thomas A. Sporkin and Ian Acker (Legaltech News)
A message to corporate executives and their public-relations minders: One in a trillion may no longer be a reasonable guarantee of anonymity. The Securities and Exchange Commission (SEC) is confronting the difficult challenge of how to keep an eye on and sort through a fire hose of social media...
Articles"Congressional subpoenas, special prosecutors, and the Capitol jail—Let the games begin" by Preston Burton and Paige Ammons (Bloomberg Law)
President Donald Trump has been predictably defiant in responding to the suggestion that House Democrats will unleash their newly won subpoena powers to investigate him, his administration, or his companies, warning that he is prepared to assume a “war-like posture” and that the Democrats “can play...
ArticlesSpecial Alert: DOJ announces new policy on pursuing individuals in corporate resolutions
U.S. Deputy Attorney General Rod Rosenstein said at a conference this morning that the U.S. Department of Justice has revised its guidelines relating to corporate resolutions with the DOJ, particularly as those guidelines relate to charging culpable individuals. The revised guidelines modify the...
Special AlertsC-Suite Financial Services Review: Breaking down (language) barriers: A practical approach to LEP borrowers
In roughly 5.3 million households in the United States, the head of the house doesn’t speak English as the primary language or has limited ability to understand it. But like most individuals seeking full participation in the U.S. economy, those with limited English proficiency need access to credit...
C-Suite Review