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Stephen M. Quinlivan

Stephen M. Quinlivan

Leonard, Street and Deinard


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SEC Chair Mary Jo White On Social Media

In testimony before the U.S. House of Representatives Committee on Financial Services, SEC Chair Mary Jo White stated that the Netflix Section 21(a) report stands for the proposition that use of social media is acceptable “so...more

5/17/2013 - Mary Jo White Regulation FD SEC Social Media

Crowdfunding And JOBS Act News Roundup – May 10, 2013

It was another week of speculation as to when the SEC might finalize or propose any JOBS Act rule. Broc Romanek of the TheCorporateCounsel.net pointed to one article which said the current JOBS Act proposal on eliminating...more

5/13/2013 - Crowdfunding Investors JOBS Act SEC Venture Capital

PCAOB, Auditors And Executive Compensation

The Public Company Accounting Oversight Board, or PCAOB, has reproposed a new auditing standard, Related Parties, and certain other amendments to its standards. Overall, the reproposal is directed at detecting material...more

5/9/2013 - Audits Compensation Committee Executive Compensation Fraud PCAOB

New Study On Impact Of Dodd-Frank On Community Banks

A new study sponsored by the American Enterprise Institute on the impact of Dodd-Frank on community banks has been published. The study notes...more

5/8/2013 - Community Banks Dodd-Frank

SEC Warns Public Officials About Potential Liability

The SEC instituted a settled cease-and-desist proceeding against the City of Harrisburg, Pennsylvania for its violations of Section 10(b) of the Securities Exchange Act (“Exchange Act”) and Rule 10b-5. ...more

5/7/2013 - Liability Public Officials Rule 10b-5 SEC Securities Exchange Act

Crowdfunding And JOBS Act News Roundup – May 3, 2013

Mary Jo White, now chair of the SEC, submitted a written statement in her confirmation hearing that said “First, I would work with the staff and my fellow Commissioners to finish, in as timely and smart a way as possible, the...more

5/6/2013 - Crowdfunding JOBS Act SEC

Conflict Minerals Challenge To Follow Resource Extraction Case To District Court

As previously noted, the Court of Appeals for the District of Columbia recently dismissed a challenge to the SEC’s resource extraction rules for lack of jurisdiction. The case was left to proceed pursuant to a previously...more

5/2/2013 - Conflict Mineral Rules Minerals Resource Extraction SEC

CFPB Revises Rule Protecting Consumers Sending Money Internationally

The CFPB has revised its rule that creates certain protections for consumers who transfer money internationally. The revisions are intended to preserve the new consumer protections provided under the rule while facilitating...more

5/1/2013 - CFPB Money Transfer

CFPB Amends Card Act Rule To Make It Easier For Stay-At-Home Spouses And Partners To Get Credit Cards

The CFPB has updated existing regulations to make it easier for spouses or partners who do not work outside of the home to qualify for credit cards....more

4/30/2013 - CFPB Credit Cards Stay-At-Home Spouses

ECP Guarantor Provisions In Corporate Credit Agreements

Many corporate credit agreements are supported by subsidiary guarantees. Those guarantees often include not only the guaranty of the obligations under the credit agreement but also any related swap agreements. The CFTC has...more

4/30/2013 - CFTC Credit Agreements Eligible Contract Participant Guarantors Swap Agreements Swaps

Crowdfunding And JOBS Act News Roundup – April 26, 2013

On Thursday the SEC sent out a press release captioned “SEC Seeks to Halt Scheme Raising Investor Funds Under Guise of JOBS Act.” The action doesn’t really have anything to do with the JOBS Act, as in the sense that it seeks...more

4/29/2013 - Crowdfunding Fraud JOBS Act SEC

ISDA: Be Ready For May 1 And Standard Swap Confirmation

By May 1, all counterparties must have provided their registered swap dealers with legal classifications and representations to allow the swap dealers to comply with the CFTC’s External Business Conduct Rule (EBCR). After the...more

4/24/2013 - CFTC Deadlines ISDA Swap Dealers Swaps

Conflict Minerals: Supplier Communications

Industry is ramping up efforts to comply with the Dodd-Frank Act’s conflict minerals requirements and the SEC’s final rules on the topic. Examples of supplier communications are beginning to appear in the public domain...more

4/23/2013

Crowdfunding And JOBS Act News Roundup - April 22, 2013

Reuters reports that Representative Patrick McHenry, of North Carolina, who chairs the House Financial Services oversight panel, said he believes the Securities and Exchange Commission lost its ability to enforce the ban on...more

4/22/2013 - Crowdfunding General Solicitation JOBS Act SEC

Who Is Too Big To Fail? FDIC Doesn’t Answer Question

James R. Wigand, Director, Office Of Complex Financial Institutions and Richard J. Osterman, Jr., Acting General Counsel, of the FDIC testified before the Subcommittee on Oversight and Investigations; Committee on Financial...more

4/17/2013 - Dodd-Frank FDIC Stress Tests Testimony

CFTC Commissioners Bicker About Budget And Performance Report

There continues to be significant public discord amongst the Commissioners at the CFTC. According to Commissioner Scott O’Malia “Given the vast deficit spending challenges this country is facing, I do not believe it is...more

4/15/2013 - CFTC Dodd-Frank Federal Budget Spending Cuts

Fed Approves Rule Defining When A Company Is “Predominantly Engaged In Financial Activities”

The Federal Reserve Board has approved a final rule that establishes the requirements for determining when a company is “predominantly engaged in financial activities.” The requirements will be used by the Financial Stability...more

4/8/2013 - Bank Holding Company Dodd-Frank Federal Reserve Final Rules Financial Actvities FSOC Nonbank Firms

CFPB Takes Action Against Mortgage Insurers To End Kickbacks To Lenders

The CFPB has announced four enforcement actions to end what the Bureau believes to be improper kickbacks paid by mortgage insurers to mortgage lenders in exchange for business. The CFPB filed complaints and proposed consent...more

4/8/2013 - CFPB Insurers Kickbacks Lenders Mortgages Penalties

SEC Smiles And Frowns On Use Of Social Media Under Regulation FD

Many may remember the Netflix matter. That stemmed from an inquiry the SEC’s Division of Enforcement launched about a post that Netflix CEO Reed Hastings made on his personal Facebook page. The post stated that Netflix’s...more

4/3/2013 - Facebook Investors Netflix Public Disclosure Regulation FD SEC Social Media

CFTC Approves Final Regulations Governing Exemption From Required Clearing For Inter-Affiliate Swaps

The CFTC has issued a final rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement under the Commodity Exchange Act, or CEA, and CFTC regulations. ...more

4/2/2013 - CFTC Commodities Exchange Act Mandatory Clearing Requirements Reporting Requirements Swap Data Repositories Swaps

SEC Exempts Another Crowd Funding Site From Broker-Dealer Rules

The SEC has granted AngelList relief on accepting transaction based compensation for crowd funding, exempting it from the broker-dealer rules. A couple days ago, the SEC granted relief to thefundersclub.com. Makes you kind...more

4/1/2013 - Broker-Dealer Crowdfunding Dodd-Frank FINRA General Solicitation Investment Adviser SEC

SEC Says Crowdfunding VC Site Not A Broker-Dealer

Thefundersclub.com operates a really cool website. The publicly available page advertises “The best way to invest in startups. Insider access to pre-vetted startups. Low minimum investment sizes. Free membership. Join...more

3/28/2013 - Accredited Investors Broker-Dealer Crowdfunding General Solicitation SEC Startups

CFTC Provides Relief For Partial Swap Terminations

The CFTC’s Division of Clearing and Risk has issued a no-action letter that provides relief from required clearing for a limited set of “stub swaps” that remain after the partial novation or partial termination of an original...more

3/25/2013 - CFTC Mandatory Clearing Requirements No-Action Relief Novation Stub Swaps Swaps Termination

CFPB To Pursue Auto Lenders For Illegal Discriminatory Markups

The CFPB has released a bulletin explaining its belief that certain lenders that offer auto loans through dealerships are responsible for unlawful, discriminatory pricing. According to the CFPB, potentially discriminatory...more

3/25/2013 - Car Dealerships CFPB Fair Lending Lenders

Regulators Warn On Risks Of Leveraged Loans

The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency have issued joint supervisory guidance on leveraged lending. It remains to be...more

3/22/2013 - Acquisition Finance Leveraged Loans Private Equity Risk Management Underwriting Valuation

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