Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
License to travel: how regulation is benefiting business abroad
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
Release of new book on the 'Best Practices Under the FCPA and Bribery Act"
Buying and Selling Businesses in Today's Economy, Stephen Opler
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Deloitte: Turnarounds and Democracy Don't Mix
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Zimmermann: Up to 20% of AmLaw 200 "Badly Weakened"
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
The New Normal: Taking Responsibility for Your Vendors
Raj Mahajan, Allston Trading CEO, Talks HFT and the Business of Prop Trading
Hot Topics for Waste-to-Energy Investors and Developers
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more
On April 11, 2013, the New York City Council’s Committee on Civil Rights debated a proposed bill that would ban employers from using credit checks to evaluate prospective employees. The proposed bill, called the Stop Credit...more
Pension plan sponsors may be surprised to learn that information provided to pension regulators pursuant to statutory filing obligations could be more widely disclosed through an “access to information” request. In a recent...more
According to a recent NBC News report, Equifax, one of the three largest American credit reporting agencies, has assembled an enormous database containing employment and salary information for more than 190 million U.S....more
There is a new form in town for employers who obtain background reports on applicants and employees. Employers who use third parties to conduct background reports are familiar with the requirements of the Fair Credit...more
In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE...more
Last week the FBI released a fraud alert warning financial institutions that cyber criminals have been using tactics such as spam and phishing emails to obtain employee log-in credentials. After obtaining the credentials the...more
New Legislation - Compensation & Benefits – Modification of the tax regime for severance amounts paid as of September 1, 2012 Article 30 of the public finance act (modifying the 2012 budget) substantially reduced...more
On May 17, 2012, Vermont Governor Peter Shumlin signed Vermont Act No. 154 (S. 95), which prohibits employers, subject to certain exceptions, from using or inquiring into an applicant or employee's credit report or "credit...more
On June 12, the FTC announced that a data broker agreed to settle charges that it marketed and sold consumer profiles to companies engaged in human resources, background screening, and recruiting without taking steps to...more
In This Issue: Lawmakers Rush to Ban Employers From Demanding Facebook Passwords; California Provides Social Media Guidance for Financial Institutions; What’s Not to "Like"? Facebook Usage and the First Amendment; New...more
Table of Contents: I. INTRODUCTION 1; II. BACKGROUND FOR THE FTC STAFF REPORT 2; III. SUMMARY OF FCRA OBLIGATIONS ON EMPLOYERS THAT USE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES 2; IV. SUMMARY OF FCRA REMEDIES 4; V. THE...more
On October 9, 2011, California Governor Brown signed several employment related bills into law that affect California employers. One of these bills, Assembly Bill 22, prevents most employers from obtaining preemployment...more
On October 9, 2011, California Governor Jerry Brown signed a bill that dramatically limits the circumstances under which an employer may use consumer credit information in connection with hiring and employment decisions in...more
Effective January 1, 2012, California employers will have to avoid yet another potential legal hazard that haunts businesses with the threat of costly penalties: the unauthorized use of consumer credit reports regarding job...more
Last week we discussed the federal and state rules that apply to obtaining and using credit checks in the process of screening applicants for employment. On Thursday last week, the California Legislature approved Assembly...more
The ease of obtaining information in the current electronic age has made it very simple for employers to routinely check whether an applicant has any criminal record and also to check the applicant’s credit history. While...more
Having a WISP is not enough to comply with data security standards In the first public settlement of its kind related to violations of the new Massachusetts Standards for the Protection of Personal Information of...more
The FSA recently set new rules obligating authorised firms to record the ‘relevant communications’ of their employees conducted on mobile and other handheld devices. On 11 November 2010, the UK Financial Services Authority...more
During the final days of the 2009 – 2010 legislative session, California Governor Arnold Schwarzenegger signed Senate Bill 9091 (“SB 909”) into law.2 SB 909 will require additional disclosures by investigative consumer...more
On Monday, September 27, 2010, Governor Schwarzenegger vetoed California Assembly Bill 482 (“AB 482”).1 AB 482 would have dramatically restricted the circumstances under which an employer could use a credit report for...more
Identity theft is not a trivial issue. The costs to our national, state and local economies, businesses and individual consumers are substantial. According to Forbes, the 2009 estimated cost of identity theft was $54 billion....more
Effective January 1, 2011, a new law will prohibit many Illinois employers from basing hiring, promotion, and other employment decisions on an employee or job applicant's credit history. The Employee Credit Privacy Act (HB...more
IN THIS ISSUE: FTC to Begin Red Flags Rule Enforcement; Helping Employees without Hurting Your Business: Legal Considerations in Making Employee Loans; More than Good Manners-Personal Goodwill May Reduce Taxes. Please see...more
More than 30 states have adopted laws limiting how Social Security numbers (“SSNs”) can be collected, used, and disclosed. Six of those states have adopted provisions that specifically require organizations to develop...more
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