Thomas P. Vartanian

Thomas P. Vartanian

Dechert LLP

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The New Future of US Banking and Financial Services Regulation

The presidential election has opened the possibility of significant changes to the Dodd-Frank Act regime that has been implemented over the last six years. It remains to be seen what plans the incoming administration will...more

11/30/2016 - Banks CFPB Dodd-Frank Donald Trump FDIC Financial Institutions FSOC Glass-Steagall Act Liquidation Presidential Elections Shadow Banking Too Big to Fail Trump Administration Volcker Rule

An Open Letter to President-Elect Trump: Seven Financial Services Regulation Priorities

Dechert partner Thomas P. Vartanian published an article entitled, "Open Letter to Trump: Weigh the Costs of Regulation," in the November 11 issue of the American Banker. While noting that it is undisputed that federally...more

11/17/2016 - Cost-Benefit Analysis Dodd-Frank Donald Trump Financial Institutions Financial Regulatory Reform FSOC Regulatory Agencies Regulatory Burden Volcker Rule

Court of Appeals Says CFPB Is Unconstitutional; Rejects Agency Effort to Apply New Interpretation of Law Retroactively

The courts are now reacting to what some view as regulatory overreach flowing from U.S. laws enacted in the wake of the financial crisis. The most recent example is the October 11, 2016 decision of the U.S. Court of Appeals...more

10/15/2016 - Anti-Kickback Statute Appeals CFPB Constitutional Challenges Director Removal Dodd-Frank Due Process Government Agencies Mortgage Lenders PHH Corp. v CFPB Removal At-Will Removal For-Cause RESPA Reversal Separation of Powers Single Director Statutory Interpretation

Implications of the 2016 Election for Banks, Systemically Important Financial Institutions and Their Investors

Campaign promises rarely turn into specific actions, but when they do, they are necessarily impacted by the dynamics of the legislative process. History suggests, however, that the policies of candidates can be a predictor of...more

10/12/2016 - Acquisitions Banks CFPB Dodd-Frank Donald Trump FDIC Federal Reserve Financial Regulatory Reform Financial Sector FSOC Hillary Clinton Industry Consolidation Liquidity Mergers Mortgages OCC Policy Terms Presidential Elections Receivership SIFIs Too Big to Fail Volcker Rule

US Federal Reserve Board Begins the Process of Regulating Insurance Companies

Nearly six years after the adoption of Dodd-Frank’s Title I, which provides for the regulation by the Board of Governors of the Federal Reserve System (Board) of non-bank financial companies – such as insurance companies,...more

7/27/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Capital Requirements Corporate Governance Dodd-Frank Federal Reserve FRB FSOC Insurance Companies Liquidity Public Comment Risk Management SIFIs SIICs

SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules

Troubled financial institutions, some with substantial broker dealer operations, played a prominent role in the 2008 financial crisis. In an effort to protect the financial system from serious threats posed by significant...more

4/9/2016 - Broker-Dealer Dodd-Frank FDIC Financial Services Industry Liquidation Receivership SEC SIPC

U.S. FSOC Proposes Qualified Financial Contract Rules and Creates a New Challenge for Large Financial Companies that are not SIFIs

The Financial Stability Oversight Council (Council) proposed regulations (Rule) on January 7, 2015, which create a new challenge for all nonbank financial companies with assets of $50 billion or more. While the four companies...more

3/26/2015 - Bank Holding Company Dodd-Frank Financing FSOC Nonbank Firms SIFIs

Volcker Rule Regulations Issued: Understanding the Practical Implications for U.S. and Foreign Banking Entities, Funds and...

The Volcker Rule (“Volcker Rule” or “Rule”) is intended to limit risks to the financial system that Congress believes may be created by (i) proprietary trading operations of insured depository institutions, foreign banking...more

1/22/2014 - Banking Sector Collateralized Debt Obligations Dodd-Frank Financial Regulatory Reform Hedge Funds Proprietary Trading Trust Preferred Securities Volcker Rule

Impact of Ability-to-Repay and Qualified Mortgage Rules on Residential Mortgage Loan Purchasers, RMBS Participants and Mortgage...

Loan originators, their advisors and service providers are moving rapidly to achieve compliance by January 10, 2014 with the Consumer Financial Protection Bureau’s (“Bureau’s”) new rule, which generally imposes an affirmative...more

10/4/2013 - Ability-to-Repay CFPB Dodd-Frank Investors Mortgages Qualified Mortgage Rule

U.S. Basel III Final Rule and its Impact on the Securitization Framework

The three U.S. federal banking agencies (the “Agencies”) have adopted a final rule (the “Rule”) that implements the Basel III regulatory capital framework and comprehensively revises the regulatory capital requirements for...more

9/13/2013 - Banks Basel III Compliance Dodd-Frank New Regulations NPR Securitization

U.S. Regulators Respond to Public Comments and Restructure Proposed Rule for Credit Risk Retention

One of the important unfinished aspects of the Dodd-Frank Act (“Act”) is the requirement for Federal agencies (“Regulators”) to issue regulations implementing Section 941 of the Act which generally requires that a securitizer...more

9/11/2013 - Asset-Backed Securities Collateralized Loan Obligations Disclosure Requirements Dodd-Frank Investors Mortgage-Backed Securities Qualified Mortgage Rule Risk Retention

U.S. Consumer Financial Protection Bureau Acts to Expand Its Authority Over Nonbank Consumer Financial Services Companies

The Consumer Financial Protection Bureau (“Bureau”), pursuant to its authority to extend its supervision to persons that offer or provide any consumer financial product or service that poses a risk to consumers, has adopted a...more

8/15/2013 - CFPB Compliance Dodd-Frank Final Rules Financial Products Financial Regulatory Reform Nonbank Firms

U.S. Consumer Financial Protection Bureau Issues Rules on Qualified Mortgages and Ability to Repay

Congress in the Dodd-Frank Act responded to concerns about the quality of mortgage loans by establishing incentives for lenders to seek to ensure that borrowers had the ability to repay mortgage loans made to them. In...more

1/16/2013 - Ability-to-Repay Borrowers CFPB Damages Dodd-Frank Foreclosure Lenders Loans Mortgages Penalties Qualified Mortgage Rule Rebuttable Presumptions Safe Harbors Truth in Lending Act (TILA)

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