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Orrick, Herrington & Sutcliffe LLP

DOJ announces its withdrawal from the 1995 Bank Merger Guidelines

On September 17, the DOJ announced its withdrawal from the 1995 Bank Merger Guidelines, stating the 2023 Merger Guidelines will be the only authoritative statement across all industries. This decision followed collaboration...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The thing about experience

Manute Bol and Gheorghe Mureșan were 7’6” and 7’7”, but were pretty bad players in the NBA. It takes more than height to play basketball....more

Ballard Spahr LLP

CFPB Reminds Financial Institutions to Retain Records of Affirmative Consent for Overdraft Opt-in

Ballard Spahr LLP on

On September 17, 2024, the CFPB issued Consumer Financial Protection Circular 2024-05 on improper overdraft practices. The circular reminded financial institutions of their obligation to retain records that prove the consumer...more

Orrick, Herrington & Sutcliffe LLP

OCC releases final rule on the Bank Merger Act

On September 17, the OCC approved a final rule amending its procedures for reviewing applications under the Bank Merger Act. The rule will aim to provide clearer guidelines for institutions regarding the OCC’s review process...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Modernization of the US Bank Merger Review Process Begins

On September 17, 2024, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) issued formal statements of policy on reviewing transactions under the Bank Merger Act (BMA). The...more

Hogan Lovells

Update on cost disclosures for London listed investment companies

Hogan Lovells on

With effect from 19 September 2024, the FCA will no longer require London listed closed-ended investment funds to comply with the PRIIPs cost disclosure regime. Statements by the Government and the FCA have introduced...more

Thomas Fox - Compliance Evangelist

The Ethics Experts: Episode 183 – Julie Winkle Giulioni

In this episode of The Ethics Experts, Nick welcomes Julie Winkle Giulioni. Throughout her career, Julie has championed workplace growth and development. She operates on the belief that everyone deserves the opportunity to...more

Nelson Mullins Riley & Scarborough LLP

New OCC Bank Merger Act (BMA) Guidance

The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the Bank Merger Act (BMA).  The New Rule: Explicitly adds financial stability as a key factor for assessing mergers,...more

Orrick, Herrington & Sutcliffe LLP

Banking regulators extend comment period on bank-fintech relationships

On September 13, the Fed, OCC and the FDIC (the agencies) released a notice extending the comment period of their request for information regarding bank-fintech arrangements by one month. The notice extends the original...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Circular, Curbing Improper Overdraft Fees

On September 17, the CFPB issued a circular stating that financial institutions can be found liable for violating the Electronic Funds Transfer Act by charging overdraft fees if the there is no proof of consumers’ affirmative...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The affiliated service group issue

I own a piece of a business and provide services to it, through my sole proprietorship. Pretty much all of that business for the sole proprietorship is performing services for that business I own a piece of....more

Goodwin

CFPB Permanently Bans Large Student Loan Servicer from Market and Orders Redress of $120 Million

Goodwin on

On September 12, 2024, the CFPB announced that it entered into a stipulated proposed order with a large student loan servicer resolving allegations that the servicer forced borrowers into costly repayment options.​ Under the...more

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

Mandelbaum Barrett PC on

What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Jones Day

Investment Advisers Subject to AML and SARs Requirements

Jones Day on

The Situation: The Financial Crimes Enforcement Network ("FinCEN") has adopted a rule that subjects certain investment advisers to anti-money laundering/countering the financing of terrorism program ("AML") requirements...more

Latham & Watkins LLP

SEC Reels in Fishy NFT Project

Latham & Watkins LLP on

In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers....more

Walkers

Pillar Two - Global Minimum Taxation and Ireland

Walkers on

The Irish Pillar Two rules apply to in-scope entities for accounting periods commencing on or after 31 December 2023. Following the GloBE Rules and the EU's Minimum Tax Directive, the rules introduce a minimum effective tax...more

Jones Day

Mauritania Takes the First Step Toward the Adoption of Close-Out Netting

Jones Day on

The government of the Islamic Republic of Mauritania just approved a draft law creating a close-out netting regime for financial transactions....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Surely, You Have To Do These Things As A Retirement Plan Sponsor

Since I first saw Airplane! When I was 9, it was my favorite movie. I didn’t understand all the jokes at first, but my love for the film has only increased over time. The beauty of the movie is that it’s played as a straight...more

DLA Piper

World Uyghur Congress Case Ruling: A New Challenge for Supply Chains?

DLA Piper on

In a landmark ruling, the Court of Appeal in a case brought by the World Uyghur Congress (WUC) has clarified that the provision of “adequate consideration” at some point in the supply chain does not prevent goods imported...more

Hall Benefits Law

Fifth Circuit Appears Skeptical of Invalidating ESG Rule Despite the Fall of Chevron

Hall Benefits Law on

A U.S. Court of Appeals for the Fifth Circuit panel appeared skeptical during oral arguments in which conservative states and Texas-based energy interests sought to reverse a district judge’s order upholding an environmental,...more

WilmerHale

SEC Adopts New Regulation NMS Rules on Tick Sizes, Access Fees and Market Data

WilmerHale on

On September 18, 2024, the Securities and Exchange Commission (SEC or Commission) approved amendments to Regulation NMS (the Amendments) that take several steps intended to narrow bid/ask spreads, reduce transaction costs for...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Charles E. Rounds, Jr. - Suffolk University...

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate...

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate the law of trusts. A court that is saddled with sorting out the rights, duties and obligations...more

Jones Day

Tenth Circuit: Bankruptcy Court Did Not Relinquish Its Jurisdiction by Granting Relief from Automatic Stay

Jones Day on

Ever since Congress amended the Bankruptcy Code in 1984 to remedy the U.S. Supreme Court's 1982 ruling declaring the jurisdictional groundwork of title 11 unconstitutional, there have been lingering questions regarding the...more

IR Global

Business Advisor Testimonial: The Diverse and Rewarding Work of a Succession Planner

IR Global on

In a recent video testimonial, a seasoned succession planner Jeff Faulkner with The Rawls Group shared insights into his experience working with a long-time client, who, after exhausting various succession alternatives,...more

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