Goodwin Procter LLP

Financial Services Weekly News - August 2015 #4

Regulatory Developments - CFTC Issues Proposed Amendments to Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps: On Aug. 19 the CFTC announced that it had voted to propose amendments to existing…more
| Constitutional Law, Finance & Banking, Mergers & Acquisitions, Securities Law

Servicers Beware: RESPA Transfer of Servicing Letter May Trigger FDCPA Initial Debtor Communication Disclosure Requirement

In Hart v. FCI Lender Services, Inc., the Second Circuit made it clear that servicers should pay close attention to initial communications with borrowers upon commencing loan servicing when it determined in an August 12, 2015…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking, Privacy

Digital Currency to the Rescue: Bitcoins as Solution to Greek Capital Controls

This week Cubits.gr and BTCGreece began a partnership aimed at providing a solution to Greek capital controls. Part of that solution entails supporting voucher payments backed by bitcoin and installing one thousand Bitcoin ATMs…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Financial Services Weekly News - August 2015 #3

Regulatory Developments - FinCEN Rules Digital Precious Metal Certificates Provider is a Money Transmitter: On Aug. 14 FinCEN issued a ruling applying its virtual currency rules to an e-precious metals company. The…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

SEC Adopts Final CEO Pay Ratio Disclosure Rule

On August 5, 2015, the Securities and Exchange Commission adopted the final CEO pay ratio disclosure rule by a 3-2 vote. The final rule amends Item 402 of Regulation S-K, as required by Section 953(b) of the Dodd-Frank Wall…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Securities Law

Federal Court Deflates, For Now, SEC’s Efforts to Proceed Before Its In-house Courts

A federal judge in Manhattan recently granted a preliminary injunction against the Securities and Exchange Commission in the latest of a series of rulings raising issues with the SEC’s use of in-house proceedings before its…more
| Administrative Law, Civil Procedure, Civil Remedies, Constitutional Law, Securities Law

Optimizing Damages Adjustments In Securities Class Actions

Because most securities class actions settle, the statutory limitations on damages that plaintiffs are allowed to recover following a favorable verdict are often overlooked. Those limitations, however, can be surprisingly large,…more
| Business Organizations, Civil Procedure, Civil Remedies, Securities Law

Lender’s Allegedly “One-Sided” Gift Card Arbitration Clause Questioned

On August 6, 2015, a California federal judge requested further briefing on whether the arbitration clause in a lender’s Visa gift card user agreement may be unenforceable against a putative class action plaintiff – raising…more
| Civil Procedure, Consumer Protection, Finance & Banking

Financial Services Weekly News - August 2015 #2

Regulatory Developments - SEC Revises 2014 Money Market Fund Reform FAQs: On Aug. 4, the SEC staff issued revised 2014 Money Market Fund Reform Frequently Asked Questions (FAQs), which were originally released on…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

11th Circuit Declines to Follow the Pack on “No Piggybacking” Rule

On August 3, 2015, the 11th Circuit held in Ewing Industries Corp. v. Bob Wines Nursery, Inc., No. 14-13842, 2015 WL 4605234 (11th Cir. Aug. 3, 2015) that the pendency of a purported class action does not toll the limitations…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Seventh Circuit Aligns with Ninth and Second Ahead of SCOTUS Decision in Campbell-Ewald

Last week, the Seventh Circuit reversed its prior circuit precedent regarding whether a Rule 68 offer of judgment moots a case. In Chapman v. First Index, Inc., the Seventh Circuit considered the question of mootness as well as…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection

ITC Has Power Over Imported Articles With Potential to Induce Infringement

On Aug. 10, 2015, the Federal Circuit issued a much-anticipated opinion confirming the authority of U.S. International Trade Commission (“ITC” or “the Commission”) to stop importation of articles which are used, after…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

ESMA AIFMD Opinion and Advice on the Passporting and Private Placement Regimes

Background - Under the current structure of the Alternative Investment Fund Manager’s Directive (AIFMD), European firms are permitted to market EU funds to professional investors throughout the European Union through the…more
| Finance & Banking, International Law & Trade, Securities Law

Financial Services Weekly News - August 2015

Regulatory Developments - SEC Adopts Rules and Forms for Registration of Security-Based Swap Dealers and Major Security-Based Swap Participants: On Aug. 5, the SEC voted to adopt registration rules and forms for…more
| Business Organizations, Finance & Banking, Securities Law

CFPB Complaint Database is Open for Business

On June 25, 2015, the CFPB published nearly 8,000 consumer complaint narratives on its website for the first time. The CFPB complaint database has been “live” since June 2012. However, the database initially included only…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking
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