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"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...
ArticlesSpecial Alert: CFPB proposes to halt foreclosure starts from August 31 until 2022 and create new loss mitigation requirements for servicers
The Consumer Financial Protection Bureau on April 5 issued a proposal that would broadly halt foreclosure initiations on principal residences from August 31, 2021 until 2022, and change servicing rules to promote consumer awareness and processing of Covid-relief loss mitigation options. Although...
Special Alerts"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...
ArticlesSpecial Alert: Supreme Court narrows TCPA autodialer definition
On April 1, the United States Supreme Court issued its long-awaited opinion in Facebook Inc. v. Duguid . The 9-0 decision narrows the definition of what type of equipment qualifies as an autodialer under the Telephone Consumer Protection Act (TCPA), a federal statute that generally prohibits calls...
Special Alerts"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...
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 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...
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