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Consumer Financial Protection Bureau (CFPB) Attorney-Client Privilege

Oberheiden P.C.

Civil Investigative Demand Defense Strategies

Oberheiden P.C. on

Civil investigative demands (CIDs) are powerful investigative tools that federal agencies use to gather information in support of a broad range of charges. Identifying the federal agencies that issued a civil investigative...more

Farella Braun + Martel LLP

What’s Privilege Got to Do With It? Practical Tips for Managing Bank Regulators Access to Attorney-Client Privileged Information

The attorney-client privilege, which prohibits the compelled disclosure of confidential communications between an attorney and their client, is enshrined in common law and statutory codes across the country. See, e.g., Cal....more

WilmerHale

Banking Regulators' Examination Authority Does Not Override Attorney-Client Privilege

WilmerHale on

Notwithstanding the venerable status of the attorney client privilege and the important purposes it serves, the federal banking regulators and the Consumer Financial Protection Bureau have taken the position that they have...more

Troutman Pepper

For Our Eyes Only: Understanding the Attorney-Client Privilege and Its Application to Banks

Troutman Pepper on

The attorney-client privilege is a rule of evidence that prevents the adverse party in a lawsuit from obtaining access to certain communications. If properly understood and wellmanaged, this privilege offers a useful tool for...more

Polsinelli

Proposed CFPB Regulations Seek to Expand Agency’s Disclosure Opportunities

Polsinelli on

The federal Consumer Financial Protection Board (CFPB) has proposed new regulations and changes to its existing regulations that expand the agency's ability to disclose information to others, potentially compromising the...more

Baker Donelson

Industry May Be Foreshadowing More CFPB Challenges

Baker Donelson on

In our last newsletter, we discussed the CFPB's proposed amendments to its rule regarding the confidential treatment of information obtained from supervised or regulated entities in connection with the exercise of the...more

WilmerHale

CFPB Examinations and Investigations: Defense Strategies and Best Practices

WilmerHale on

The pursuit of examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB) has created new challenges for entities that provide consumer financial products and services. Given the CFPB’s broad...more

Goodwin

CFPB Issues New Mortgage Disclosure Rule

Goodwin on

On October 15, 2015, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). At nearly 800 pages, the new HMDA rule changes (i) the...more

Ballard Spahr LLP

D.C. federal court reconsiders decision on FOIA requests to CFPB

Ballard Spahr LLP on

Last September, a federal district court in Washington, D.C. issued an opinion on Freedom of Information Act (FOIA) requests made by Judicial Watch to the CFPB for documents relating to Richard Cordray’s recess appointment as...more

Ballard Spahr LLP

CFPB plans for sharing information with state AGs unchanged in final disclosure rule

Ballard Spahr LLP on

In its final rule on Disclosure of Records and Information published last week, the CFPB gave no ground on its position that it has discretionary authority to share confidential information with state attorneys general. This...more

Ballard Spahr LLP

The CFPB and privilege: the fight isn’t over

Ballard Spahr LLP on

We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012....more

Stinson - Corporate & Securities Law Blog

New Legislation Prevents Privilege Waiver When Providing Information To CFPB

A new bill has been signed into law which prevents a waiver of attorney-client privilege when a regulated entity submits information to the CFPB. ...more

Ballard Spahr LLP

President signs ATM fee sticker bill and CFPB privilege waiver bill

Ballard Spahr LLP on

On December 20, 2012, President Obama signed into law (1) the bill amending the Electronic Fund Transfer Act (H.R. 4367) to eliminate the ATM fee sticker requirement, and (2) the bill amending the Federal Deposit Insurance...more

Ballard Spahr LLP

Mortgage Banking Update - December 14, 2012

Ballard Spahr LLP on

In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE...more

Ballard Spahr LLP

Legislation to fix CFPB privilege waiver problem passes Congress

Ballard Spahr LLP on

The U.S. Senate, by unanimous consent, has passed a bill previously approved by the House of Representatives (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the...more

Ballard Spahr LLP

Congress Passes Legislation To Fix CFPB Privilege Waiver Problem

Ballard Spahr LLP on

The U.S. Senate, by unanimous consent, has passed a bill (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the attorney-client privilege when privileged information is shared...more

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