International Trade Finance & Banking Consumer Protection

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"FinCEN Finalizes Customer Due Diligence Rule Amid Other Actions to Enhance Financial Transparency"

In the wake of the Panama Papers controversy, the U.S. government has taken major steps this month to promote financial transparency. First, the Financial Crimes Enforcement Network (FinCEN) finalized its proposed rule issued...more

EBA Publishes Discussion Paper on Use of Consumer Data by Financial Institutions

On May 4, 2016, the EBA published a discussion paper on innovative uses of consumer data by financial institutions, in line with its mandate to monitor financial innovation. The EBA report notes that although general...more

UK Financial Regulatory Developments - April 2016 #20

Treasury Committee publishes systemic risk buffer dispute - Andrew Tyrie MP, Chairman of the Treasury Committee, has published correspondence from BoE’s Governor, Mark Carney, in relation to a disagreement between Sir...more

Loan agreements: when can terms be challenged as unfair or unreasonable?

English law contains no general principle that contractual terms must be fair or reasonable: parties must live with the bargain they have made. This is one of the ways in which English law is "lender-friendly": it enables...more

How Many Times Do We Have to Tell You Not to Open the Cat Video

Everyone has been in a movie theater when one of the actors approaches that door to the basement behind which strange noises are coming. They reach out to turn the knob and in unison the audience is thinking “Fool, haven’t...more

SEC IM Staff Issues Guidance Update on Disclosure Related to Current Market Conditions

The staff of the U.S. Securities and Exchange Commission Division of Investment Management (Staff) has issued an IM Guidance Update on fund disclosure regarding risks related to current market conditions (Guidance Update)....more

Financial Services Weekly News - March 2016 #2

Regulatory Developments - MSRB Publishes Compliance Advisory for Brokers, Dealers and Municipal Securities Dealers - The MSRB recently published its first Compliance Advisory for Brokers, Dealers and Municipal...more

CFPB Returns Millions to Consumers Using Supervisory Authority

On March 8, 2016, the Consumer Financial Protection Bureau (CFPB) announced that, through its supervisory authority, it recovered $14.3 million for approximately 228,000 consumers. This recovery spans CFPB work completed in...more

Financial Services Industry Tests the Waters of Blockchain Technology

Many of the world’s leading financial services providers have started developing their own blockchains, either to facilitate the potential for creating their own cryptocurrency, to add an additional layer of security to...more

Orrick's Financial Industry Week in Review

Bureau of Consumer Financial Protection Issues Policy on No-Action Letters - On February 18, the Consumer Financial Protection Bureau issued a new policy statement on No-Action Letters. Under the Policy, Bureau...more

European Parliament Draft Report Calls for the Creation of Task Force Devoted to Digital Currencies

A new report published by the European Parliament’s Committee on Economic and Monetary Affairs calls for the establishment of a task force, with its own budget and dedicated staff, that would study digital currencies and...more

Financial Services Weekly News - February 2015

Regulatory Developments - FDIC Provides Framework for Cybersecurity in Recent Supervisory Insights - The FDIC featured an article titled “A Framework for Cybersecurity” in the Winter 2015 issue of Supervisory...more

US Loan Market Adapts to European Bail-In Directive

LSTA publishes model provisions for use in US law-governed credit agreements to assist in adopting new EU bail-in rules. European Economic Area (EEA) financial institutions are now subject to a new set of regulatory...more

UK Financial Regulatory Developments - January 2016 #5

ESAs correct PRIIPs KID formulae - The European Supervisory Authorities (ESAs – EIOPA, ESMA and EBA jointly) have published corrections to two of the formulae in their consultation on draft regulatory technical standards...more

Global Cartel Enforcement 2015 Year in Review

Developing trends: Auto parts and financial services penalties dominated global enforcement fine totals in 2015. And while financial services will remain a focus for enforcers in 2016, several new antitrust...more

OCC Releases Semiannual Risk Perspective Report

On December 16, the OCC released its Semiannual Risk Perspective report to provide an overview of supervisory concerns for the federal banking system, including operational and compliance risks. According to the report, which...more

A New EU Era of Cybersecurity on the Horizon

After almost three years, consensus has been finally reached on the text of the Network and Information Security (“NIS”) Directive, the first-ever, EU-wide cyber security regulation. The NIS Directive (or Cybersecurity...more

Blog: “Strong Customer Authentication” & “Secure Communication” Under The Second Payment Services Directive

The second Payment Services Directive (PSD2) is expected to come into force in January 2016, and to apply to payment services providers from January 2018. When it comes into force, PSD2 will give the European Banking...more

EP agrees cybersecurity Directive

EP and the Luxembourg Presidency have agreed the text of the cybersecurity Directive, which should now be agreed by the COREPER on 18 December. ...more

Marketing of Financial Products to Retail Investors: Belgian Financial Services and Markets Authority Issues Guidance on New Rules

On 27 October 2015, the Belgian Financial Services and Markets Authority (“FSMA”) issued circular FSMA-2015-16 (the “Circular”) providing detailed guidance on the recently amended rules governing marketing materials used in...more

A Great Leap Forward: EU Soon to Have Broad Rules on Cybersecurity and Incident Reporting

On December 7, 2015, more than two and a half years after the first draft, the European Union Council finally reached an important, informal agreement with the Parliament on important network and information security rules...more

Your daily dose of financial news The Brief – 12.8.15

Investors are scrambling to put their money where they think the Fed’s mouth will be, betting an estimated $26.6 billion in net wagers through December 1 on the prices of 5-year Treasury-note futures falling. Such price drops...more

EDPS seeks new debate on Big Data

EDPS has published its opinion on meeting the challenges of Big Data. It outlines the main challenges, opportunities and risks of Big Data, and how important it is that companies processing large volumes of personal data...more

Your daily dose of financial news The Brief – 12.3.15

Fed Chair Janet Yellen is doing all she can to soften the blow of (or at least sufficiently prep the markets for, bond traders be damned) the seemingly inevitable Fed interest rate liftoff at the Fed’s December meeting. ...more

Your daily dose of financial news The Brief – 11.30.15

Another Black Friday has come and gone (and hey, welcome to Cyber Monday and a big financial week ahead), but the truth is that it’s not quite what it used to be—both for brick-and-mortar retailers and for those using it to...more

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