Goodwin Procter LLP

Financial Services Weekly News - November 2015 #4

Regulatory Developments - SEC Proposes Amendments to Regulation ATS to Shine a Light on Dark Pools: On Nov. 18 the SEC announced that it had issued Release No. 34-76474 proposing amendments to Regulation ATS,…more
| Finance & Banking, Securities Law

Eleventh Circuit Strikes Down Florida’s No-Surcharge Law

On November 4, 2015, the Eleventh Circuit struck down Florida’s no credit-card surcharge statute as unconstitutional under the First Amendment. See Dana’s Railroad Supply v. Attorney General, Florida, No. 14-14426, 2015 WL…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Consumer Protection, Finance & Banking

Year-End Gift Opportunities

As 2015 comes to a close, we remind you to consider making gifts to minimize your potential tax liability and to maximize your use of available exemptions in order to reduce your ultimate estate tax liability. As you may recall,…more
| Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

Recent Class Actions Challenge Property Inspection Charges

From origination through final payoff, plaintiffs’ counsel look for claims in just about every aspect of the relationship between borrowers and their mortgage lenders. Recently, scrutiny has turned to property inspections…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

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 to…more
| Communications & Media Law, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

CFPB Claims New Method of Calculating Damages Is Necessary to Deter Future Bad Conduct

On November 6, 2015, the Consumer Financial Protection Bureau (CFPB) filed a response brief with the District Court for the District of Columbia, justifying its recalculation of a penalty assessed against PHH Corporation (PHH)…more
| Administrative Law, Consumer Protection, Finance & Banking

Two Years and Essentially As Proposed: SEC Adopts Final Crowdfunding Rules

What is “Crowdfunding”? - Crowdfunding is a term often used to describe an evolving method of raising money from individuals through the Internet. The term is often applied to any number of different activities that are…more
| Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

2015 Amendments to the Federal Rules of Civil Procedure Provide Opportunities for More Aggressive Case Management

On December 1, 2015, substantial changes to the Federal Rules of Civil Procedure (FRCP or Rules) will take effect. The Rule changes affect many aspects of federal court practice, most significantly with respect to the scope of…more
| Civil Procedure, Electronic Discovery, Science, Computers, & Technology

SEC Releases Risk Alert Related to Outsourcing of Chief Compliance Officer Duties by Investment Advisers and Investment Companies

On Nov. 9, the SEC’s Office of Compliance Inspections and Examinations (OCIE) released a risk alert reporting observations from its examination of investment advisers and investment companies that outsource their Chief…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Financial Services Weekly News - November 2015 #2

Regulatory Developments: CFTC and NFA Staff Publish FAQs and Other Resources for Filing and Reporting on Forms CPO-PQR and CTA-PR - On Nov. 5 the Division of Swap Dealer and Intermediary Oversight of the CFTC announced…more
| Business Organizations, Finance & Banking, Mergers & Acquisitions, Privacy, Securities Law

ITC Has No Authority to Block Electronic Transmission of Infringing Digital Objects

Three months after its en banc decision in Suprema, Inc. v. Int’l Trade Comm’n 2012-1170 (Fed. Cir. Aug. 10, 2105), the Federal Circuit issued another much-anticipated opinion concerning the authority of the U.S. International…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

FDA Requests Comment on Term “Natural” in Food Labeling

On November 10, 2015, the FDA announced that it will be soliciting public comments on the use of the term “natural” in food labeling. The comment period will open on November 12, 2015 and is expected to close on February 10,…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Eleventh Circuit Affirms That Users of Free Mobile Applications Are Not Subscribers Under the Video Privacy Protection Act

The Video Privacy Protection Act was enacted in 1988 following the publication of Supreme Court nominee Robert Bork’s family video rental records. The Act generally prohibits “video tape service providers” from knowingly…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

SEC Issues New Guidance on Voting with Regard to Merger and Acquisition Transactions

On October 27, 2015, the Division of Corporation Finance of the SEC modified Section 201 of its Question and Answer guidance regarding SEC Rule 14a-4(a)(3) to require that if a material amendment to an acquiror’s organizational…more
| Business Organizations, Mergers & Acquisitions, Science, Computers, & Technology, Securities Law

Partnership Audit and Tax Collection Rules Undergo Fundamental Change

Under the default rule, any adjustment to partnership items or allocations among the partners will be determined, and any tax (including interest and penalties) attributable to adjustments will be collected, at the partnership…more
| Business Organizations, Commercial Law & Contracts, Taxation
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