Cox Smith

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

  • 210-554-5500
  • 210-226-8395

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

What Regulators and Supervisors Think You Need to Worry About Right Now

There has been a flurry of speeches, reports, and recommendations lately from the federal bodies that supervise and regulate banks and the GSEs who often are banks’ counterparties. Herewith a summary of some of the most…more
| Finance & Banking

Supreme Court Unanimously Strikes Down Recess Appointment

On June 26, 2014, the United States Supreme Court unanimously struck down three appointments President Obama made to the National Labor Relations Board on January 4, 2012, purportedly under the U.S. Constitution’s Recess…more
| Administrative Law, Constitutional Law, Elections & Politics

IRS Guidance on Treatment of Same-Sex Marriages by Qualified Retirement Plans

On April 4, 2014, the Internal Revenue Service (“IRS”) released Notice 2014-19 (the “Notice”), which provides additional guidance on how qualified retirement plans should treat same-sex marriages following the Supreme Court’s…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Family Law, Taxation

The US may be Forced to Accelerate EMV Adoption

The US lags behind most of the world in adopting EMV technology, and has not seemed overly concerned about catching up, argues Erin F. Fonté of Cox Smith. However, recent developments regarding the Durbin amendment, along with…more
| Finance & Banking

Obamacare's Pay or Play Provisions Postponed for Mid-Sized Employers

A key feature of Obamacare has been postponed for mid-sized employers: the “pay or play” (formally, the “employer shared responsibility”) provisions that will require employers with at least 50 full-time equivalent employees to…more
| Labor & Employment Law, Health, Taxation
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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
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  • Energy & Utilities
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  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
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  • Science, Computers, & Tech
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
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Other U.S. Locations
  • Texas
Number of Attorneys

100+ Attorneys

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