Cox Smith

Weston Centre 112 E. Pecan Street, Suite 1800
San Antonio, Texas 78205, United States

  • 210-554-5500
  • 210-226-8395

October 29, 2014 CFPB HMDA Rule Comment Deadline Approaches

On October 29, 2014, the comment deadline for the CFPB’s proposed rule to change the information reported by financial institutions regarding the mortgage loans they originate will end. The proposed rule would update reporting…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Certificates of Insurance: What’s in Your Portfolio?

On September 24, 2014, a New Jersey appellate court decided Selective Ins. Co. v. Hospicomm, Inc., 2014 WL 4722776 (N.J. Super., September 24, 2014). The dispute in that case arose out of a nursing home construction project gone…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Insurance, Real Estate - Residential

Apple Pay Wants to Be the Apple of Your Bank’s Eye

We have been rather busy counseling banking clients who are trying to decide whether to participate as Issuers in the Apple Pay program. The card issuing financial institutions (“Issuers”) initially announced for immediate Apple…more
| Finance & Banking, Science, Computers, & Technology

Planning For The Exit – What’s Your Exit Strategy? [Video]

Cox Smith, Padgett Stratemann, and Navidar Group hosted an interactive discussion on the current climate for buying and selling businesses, preparations for you and your business, tax strategies, and the legal process behind it…more
| Business Organizations, Labor & Employment Law, Taxation

I-9 Blues: A Heads Up for Employers in I-9 Document Review

On September 22, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a notice to the public after their blog posting in the Beacon on September 16, 2014…more
| Labor & Employment Law, Immigration Law

Political Expenditure Pitfalls

My husband doesn’t like for me to admit it, but I am a registered Texas lobbyist. That means that I am on the list for every fundraiser for Texas candidates. And admittedly I do make contributions to business-friendly…more
| Elections & Politics, Finance & Banking

Texas Supreme Court Opens the Door for a New Option to Restrict Post-Employment Conduct

On August 29, 2014, the Texas Supreme Court issued its long-awaited decision in Exxon Mobil Corporation v. Drennen. The court ruled that Drennen, a former ExxonMobil executive, could be stripped of approximately $5 million in…more
| Commercial Law & Contracts, Labor & Employment Law

FinCEN Issues Proposed New Rule to Require Enhanced Beneficial Ownership Due Diligence

On August 4, 2014, FinCEN published a proposed rule that would require financial institutions subject to Customer Identification Procedures (“CIP”) (e.g., banks, securities brokers or dealers, mutual funds, futures commission…more
| Finance & Banking

Trust but Verify: How are you Listed On Your Borrower’s Property Insurance Policy?

It is time to refresh recollections on a perennial issue: why a lender or mortgagee absolutely must be active and vigilant with respect to a borrower’s insurance policies. On August 7, the Dallas Court of Appeals decided…more
| Finance & Banking, Insurance, Real Estate - Residential

Early TIL and Non-Obligors

Should non-obligors to a residential mortgage receive the early Truth in Lending Disclosures? - Two months ago, I posed this question to the CFPB with my thinking that the answer should be “no.” Imagine my surprise when I…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Death of an Account Holder – Issues Related to Bank Statements

The elderly sometimes fall prey to financial abuse, including the alteration or unauthorized use of their checks. Banks are required to watch for such financial abuse and report suspicious acts to Adult Protective Service. How…more
| Civil Procedure, Civil Remedies, Consumer Protection, Finance & Banking

UDAAP and Reg E and an Update

Here’s a neat regulatory trick. Find a violation of a consumer reg and then conclude that the violation must also be unfair. Then you can increase the penalties. Case in point: Reg E’s commentary clearly provides that a…more
| Consumer Protection, Finance & Banking

CFPB Seeks to Add Post-Consummation Cure Mechanism for Qualified Mortgages

On July 7, 2014, the comment period ended for a proposed rule relating to qualified mortgages (“QMs”) promulgated by the Consumer Financial Protection Bureau (“CFPB”) on May 6, 2014. One of several proposed amendments to the…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Key Takeaways from American Bankers Association 2014 Regulatory & Compliance Conference

For those who did not get to attend in June, this year’s American Bankers Association Regulatory & Compliance Conference brought together a couple of thousand attendees to hear from regulators, presenters and ABA staff and learn…more
| Consumer Protection, Finance & Banking, Insurance

Adding Overdraft to Existing Note = UDAP

Recently, the FDIC has identified a practice that it believes violates UDAP standards. Some bankers have looked at their integrated note/security agreement and observed that the collateral includes “other indebtedness”—which…more
| Consumer Protection, Finance & Banking
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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
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Other U.S. Locations
  • Texas
Number of Attorneys

100+ Attorneys

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