News & Analysis as of

Banking Sector

Are You a Money Transmitter in Connecticut? In Hawaii?

by Morrison & Foerster LLP on

As we have noted previously, one of the defining aspects of the payments revolution of the past few years—at least from a regulatory perspective—has been the question of whether a particular payments service is subject to...more

The End of LIBOR

by Miller & Martin PLLC on

Being a constant follower of overnight bank rates, I am fascinated with commentary regarding the end of LIBOR. LIBOR has not been around since the beginning of time, but only since January 1, 1986. So, being technically...more

Orrick's Financial Industry Week In Review

SEC Announces the Formation and First Members of Fixed Income Market Structure Advisory Committee - On November 9, 2017, the Securities and Exchange Commission ("SEC") announced the formation and first members of its Fixed...more

CFPB's Financial Data Sharing Principles Impose New Burdens On Financial Institutions

by Pepper Hamilton LLP on

The Consumer Financial Protection Bureau (CFPB) recently published nine “principles” and an accompanying “insights” report regarding consumers who have authorized financial data sharing and aggregation (especially with...more

CFPB final payday/auto title/high-rate installment loan rule published in Federal Register

by Ballard Spahr LLP on

The CFPB’s final payday loan rule was published in today’s Federal Register. Lenders covered by the rule include nonbank entities as well as banks and credit unions. In addition to payday loans, the rule covers auto title...more

European Banking Authority Consults on Prudential Consolidation Methods

by Shearman & Sterling LLP on

The European Banking Authority has launched a consultation on the draft Regulatory Technical Standards on the methods of prudential consolidation under the Capital Requirements Regulation. The CRR provides that banks,...more

President Trump to appoint Mick Mulvaney CFPB Acting Director

by Ballard Spahr LLP on

According to media reports, President Trump is expected to name Mick Mulvaney, the current Director of the Office of Management and Budget, to serve as CFPB Acting Director upon Director Cordray’s resignation.  The...more

Otting confirmed as Comptroller of the Currency

by Ballard Spahr LLP on

By a vote of 54-43, Joseph Otting has been confirmed by the Senate as Comptroller of the Currency. Mr. Otting is a former president and CEO of California-based OneWest Bank, where he worked with Steven Mnuchin, who now serves...more

Jacqui Hatfield Discusses PSD2 Reporting Rules

Orrick's Jacqui Hatfield recently spoke with PaymentsCompliance magazine about the new proposed rules governing how national regulators cooperate and exchange information under the revised Payment Services Directive....more

New Federal Reserve Governor Randal Quarles Calls for Fresh Look at Various Dodd-Frank Regulatory Requirements

by Shearman & Sterling LLP on

Randal Quarles made his first public address after being formally sworn in as the new Vice Chairman for Supervision of the US Board of Governors of the Federal Reserve System at The Clearing House’s Annual Conference in New...more

European Central Bank Highlights Challenges for Smaller Eurozone Firms

by Shearman & Sterling LLP on

The European Central Bank has published a Report on the supervision of less significant institutions under the Single Supervisory Mechanism. The SSM is made up of the ECB and national regulators of Eurozone member states, and...more

CFPB opposes petition for certiorari filed by tribal lenders in Ninth Circuit case

by Ballard Spahr LLP on

The CFPB has filed a brief opposing the petition for certiorari filed by two tribally-affiliated lenders seeking U.S. Supreme Court review of the Ninth Circuit’s decision in CFPB v. Great Plains Lending, LLC, et al. In that...more

Mass. Appeals Court Rebuffs Mortgagee’s Novel Bid For Equitable Subrogation

by Pierce Atwood LLP on

In its decision yesterday in Wells Fargo Bank v. Comeau, the Massachusetts Appeals Court rejected the plaintiff mortgagee’s attempt to use the doctrine of equitable subrogation in a novel way: to impose on a surviving wife...more

CFPB Director Richard Cordray to Resign By End of November

According to press reports, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray has announced that he will step down from his position by the end of the month. Cordray’s resignation provides President Trump...more

ECB Opinion on Implementation of TLAC

On November 10, 2017, the European Central Bank (“ECB“) published an opinion (dated November 8, 2017) on the European Commission’s legislative proposals to implement the Financial Stability Board’s (FSB) total loss absorbing...more

OCC establishes framework for evaluating applications from banks with less than satisfactory CRA rating

by Ballard Spahr LLP on

In a new Policies and Procedures Manual (PPM) issuance (PPM 6300-2), the OCC establishes its framework for evaluating certain types of licensing applications when the applicant bank has an overall Community Reinvestment Act...more

Who gets the money when crops are sold? The answer is not as straight forward as you may think

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their bank, their...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Consumer Financial Services Arbitration: Another Perspective

by Pierce Atwood LLP on

Much has been said and written about Congress’ rejection of the CFPB proposal to ban class action waivers in arbitration agreements between consumers and financial services companies. One of the most frequent statements I...more

CFPB Finally Acknowledges Arbitration Rule “Has No Force or Effect”

by Ballard Spahr LLP on

Two weeks after President Trump signed H.J. Res. 111, the joint resolution passed by the House and Senate disapproving the CFPB arbitration rule, the CFPB has formally acknowledged Congress’ override of the rule under the...more

ECB Reports on Supervision of Less Significant Institutions in SSM

On November 8, 2017, the European Central Bank (“ECB“) published a report on the supervision of less significant institutions (“LSIs“) in the single supervisory mechanism (“SSM“). In its role as lead supervisor in the SSM,...more

Anti-Money Laundering Update: FinCEN Makes Small Texas Bank Pay Big Fine

by Bass, Berry & Sims PLC on

This Post at a Glance: - FinCEN imposes $2 million penalty against community bank - Bank failed to conduct appropriate due diligence related to Mexican customer - Small banks, other financial institutions...more

CFPB issues fifth Financial Literacy Annual Report

by Ballard Spahr LLP on

The CFPB has issued its fifth Financial Literacy Annual Report to Congress. The report describes the CFPB’s ongoing financial literacy work, “with an emphasis on work during October 2016 through September 2017.”...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Breakingviews is all about new GE CEO John Flannery’s quest for the “soul” of the company, but it’s also very interested in less philosophical matters—especially on the heels of GE halving dividends....more

CFPB sues nation’s largest debt-settlement services provider

by Ballard Spahr LLP on

The CFPB has filed a lawsuit in a California federal district court against Freedom Debt Relief (FDR) and its CEO for alleged violations of the Consumer Financial Protection Act (CFPA) and the Telemarketing Sales Rule (TSR). ...more

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