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"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...
Articles"The Bannon pardon: When is someone really off the hook?" co-authored by Daniel R. Alonso (National Law Journal)
Anyone under federal indictment would want a presidential pardon. Facing a criminal trial and even the possibility of going to jail is enough reason to accept one—even if it might be taken as an admission of sorts by the recipient of the pardon that he has, indeed, committed the crime for which he...
Articles"CFPB makes it clear: Fair servicing is back, for real this time" by Jonice Gray Tucker and H Joshua Kotin (HousingWire)
A new presidential administration and a clarion call from the Consumer Financial Protection Bureau has transformed fair servicing from a seemingly remote risk into a front and center mandate. After the 2008 financial crisis, regulators enhanced long-standing fair lending examination guidelines to...
Articles"What the new information security reporting standards mean for financial institutions" by Jeffrey P. Naimon, Moorari K. Shah, and James C. Chou (Cybersecurity Law Report)
Regulators recently proposed new rules that would require banking institutions to notify their primary regulators of some computer-security incidents within 36 hours, and service providers to notify regulated entities as soon as possible of any incident affecting its operations for four hours or...
Articles"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...
ArticlesSpecial Alert: CFPB redefines Qualified Mortgage; “GSE Patch” to expire
The Consumer Financial Protection Bureau last week released two final rules further defining what types of loans can be a “qualified mortgage loan” for purposes of the bureau’s Ability-to-Repay/Qualified Mortgage Rule (ATR/QM Rule). The General QM Final Rule substantially revamps the general rules...
Special Alerts"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...
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