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Your daily dose of financial news The Brief – 11.24.15

The Pfizer/Allergan deal continues to dominate the financial world, with Pfizer’s CEO defending the merger and Washington searching for ways to reform the corporate tax code and prevent future tax-motivated corporate...more

Treasury Discusses Online Marketplace Lending

Why it matters - Regulatory oversight of online marketplace lending is moving forward, with representatives from the Department of the Treasury sharing six "central themes" drawn from comments on the agency's Request...more

FCA consults on cloud outsourcing guidance

FCA has published a guidance consultation on its requirements on firms who outsource to the cloud and other third party IT services. The guidance includes...more

PRA reminds firms of outsourcing notification expectations

PRA has noted FCA’s consultation on outsourcing guidance and reminded dual-regulated firms it would expect notification from them if they are considering outsourcing critical or important functions to a third party IT...more

Financial Services Weekly News - November 2015 #3

Regulatory Developments - MSRB Publishes Compliance Advisory for Municipal Advisors: On Nov. 12 the Municipal Securities Rulemaking Board (MSRB) published its first municipal advisor compliance advisory, developed...more

Budget Deal Allows Autodialers and Robocalls in Federal Debt Collection

President Barak Obama recently signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which resolved major differences between the White House and Congress, thereby funding the federal government for the next two...more

CFPB Reports on Underserved Consumers’ Use of Mobile Financial Services

On November 5, the CFPB published a report titled “Mobile Financial Services” to summarize the results of its June 2014 Request for Information on the opportunities and challenges associated with the use of mobile financial...more

Sprint Agrees to Pay FTC $2.95 Million to Settle Risk-Based Pricing Rule Charges Under the FCRA

Mobile service providers frequently look at their customers’ credit reports and scores to determine the best pricing plans for those customers. But asa recent settlement between Sprint Corporation and the Federal Trade...more

Government Contract: How Can a Subcontractor Get Paid?

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

One More Reason the New Budget Act Is Good for the Government, and Here’s a Hint: It Relates to the TCPA!

Anyone paying attention to goings-on in Washington last week might have heard a loud, bipartisan sigh of relief when both the House and the Senate passed a budget deal that temporarily averted another government shutdown or...more

Risky times for some Internet lenders

A recent decision by the Minnesota Supreme Court serves as a painful reminder to Internet lenders of the perils of relying on choice-of-law provisions or arguments citing the Commerce Clause of the U.S. Constitution to avoid...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - SEC Decides Against Mounting an Appeal in Koch Ruling - The July 2015 ruling by the D.C. Circuit Court in Koch v. SEC will apparently not be challenged by the SEC. The Court ruled in that...more

Commerce Clause Does Not Prevent Minnesota from Regulating Internet Loans Made to State Residents, Minnesota Supreme Court Rules

The Minnesota Supreme Court has ruled that the Commerce Clause of the U.S. Constitution does not preclude Minnesota from applying its payday lending law to loans consummated in Delaware that are made to Minnesota residents...more

Key Takeaways from the Consumer Protection Forum

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more

[Event] 2015 Cybersecurity Seminar: Identifying and Mitigating Data Breaches and Related Liabilities - Oct. 29th, Richmond, VA

October is National Cyber Security Awareness Month! Please join Williams Mullen, Marsh and EY for an in-depth discussion on effective strategies for identifying and mitigating data breach and related liabilities. WHO...more

Jagla Moderates INTA/OHIM Examiner Training Highlighting Business in Regulated Industries and the Regulatory Impact on Trademarks

A diverse panel of International Trademark Association (INTA) members met with Office of Harmonization for the Internal Market (OHIM) officials, OHIM examiners and representatives from the national offices in Alicante, Spain,...more

Trade & Manufacturing - October 2015

Ending the Crude Oil Export Ban - On September 17, the House Energy and Commerce Committee passed a bill to end the 40-year-old ban on the export of domestic crude oil. The Committee vote was passed by a Republican...more

The SEC Opens Up a New Front in the Cybersecurity Wars

For the last few years, the SEC has been issuing guidance as to appropriate cybersecurity policies and procedures for financial firms. In a move that signal’s the regulator’s willingness to put muscle into its cybersecurity...more

O’Reilly Paints Team Telecom As an “Inextricable Black Hole” for Applicants, but Will His Call for Reform Fare Better?

On October 1, Chairman Wheeler announced that he has circulated a Notice of Proposed Rulemaking among his fellow Commissioners that would seek comment on simplifying the FCC’s foreign ownership approval process for broadcast...more

OFAC Updates Cuban Assets Control Regulations Easing Sanctions on Cuba

On September 18, OFAC issued a final rule amending the Cuban Assets Control Regulations (CACR) to reflect policy changes previously announced by the Obama administration. With respect to financial transactions, the...more

US Government Further Relaxes Trade Restrictions with Cuba

However, the new transaction rules leave the embargo largely in effect. Early this week, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and...more

White House Announces Next Steps in Easing of Cuban Embargo But Broad Restrictions Remain in Place

On September 21, 2015, new amendments that further relax restrictions in the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR) will take effect. In anticipation of the amendments’...more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

Cybersecurity: How Much is Enough?

The year 2015 may go down in history as the year of the hacker. Though not a new phenomenon, high profile hack-related stories have managed to capture headlines almost every month of 2015. On the eve of the New Year, the...more

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