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Arnold & Porter Kaye Scholer LLP

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Michael Mierzewski

Arnold & Porter Kaye Scholer LLP


United States: Dispute resolution

Financial services: litigation

Within: Financial services: litigation

Headed by David Freeman, Arnold & Porter Kaye Scholer LLP is particularly noted for its ‚Äėexcellence at handling agency examinations and investigations‚Äô. Although it perhaps lacks the volume of high-profile private litigation of some of the market leaders, led by Howard Cayne, and with key support from firm chairman Richard Alexander, the team continues to represent the FHFA in numerous cases, including successfully securing the dismissal of multiple actions brought against it by Fannie Mae and Freddie Mac shareholders challenging an amendment to the funding agreements between the Treasury and FHFA in its capacity as conservator of Fannie Mae and Freddie Mac. Michael Mierzewski is regularly involved in antitrust-related financial services matters and continues to defend Visa in class actions regarding its interchange rates. San Francisco-based partner Gilbert Serota has handled several cases for Charles Schwab, including defending it in two class actions brought by a putative class of retail brokerage customers alleging that it failed in its best execution duty regarding equity trades. As part of his broad ranging business litigation expertise, San Francisco-based Peter Obstler has an excellent track record handling consumer class actions for a range of financial institutions, including JP Morgan Chase, which he is representing in three interrelated class actions concerning the application of California‚Äôs anti-deficiency laws to the bank‚Äôs collection practices following short sales or foreclosures. Other clients include American Bankers Association, CIT Bank and Wells Fargo. Named lawyers are based in Washington DC unless otherwise stated.

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United States: Finance

Financial services regulation

Within: Financial services regulation

Arnold & Porter Kaye Scholer LLP’s team is involved in a range of Dodd-Frank advisory, legislative, transactional, and litigation and enforcement matters. Team head David Freeman continues to represent First Republic Bank across a myriad of regulatory and compliance issues associated with the development of new products, as well as on issues related to the Volcker Rule and other Dodd-Frank aspects impacting its banking, broker-dealer, investment adviser and insurance agency businesses. Patrick Doyle is advising TIAA, one of the country’s largest diversified financial services firms, on the regulatory implications pursuant to the expansion of its banking operations. In addition to handling a regular stream of banking M&A matters, Michael Mierzewski is well versed in consumer finance issues and in recent years has handled numerous fair lending matters for clients. Brian McCormally, Michael Mancusi, Howard Cayne, firm chairman Richard Alexander and Christopher Allen are also key members of the team across both regulatory counseling and enforcement matters. Other clients include Charles Schwab, FHFA and JPMorgan Chase. All named attorneys are based in Washington DC.

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Legal Developments by:
Arnold & Porter Kaye Scholer LLP

  • The role of arbitrators in EU antitrust law

    In May 2014, it will be ten years since Regulation No 1/2003 entered into force. When the legislator of the European Union adopted this Regulation on 16 December 2002, its main objective was to decentralise the enforcement of the two main provisions of EU antitrust law, Articles 81 and 82 of the Treaty establishing the European Community (now Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)). Where do the arbitrators fit in this picture?‚Ä©
    - Arnold & Porter (UK) LLP

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  • EU and Malta Securitisation Market

    Following the US subprime crisis that began in 2007, the notion of securitisation has suffered from bad press that tainted its reputation. However, securitisation is still considered as an essential component to continued economic recovery and for well-functioning financial markets.

  • DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy

    The US Department of Justice ("DOJ") had announced a pilot program [1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it. [2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format. [3]
  • Effects of State of Emergency Law in Turkey On Prison Sentences Under Criminal Execution Laws

    With the Statutory Decree No.671 dated August 17, 2016, and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.
  • [SOUTH KOREA] Supreme Court Affirms Lower Decision, Finding Invalid the Regulations on Foreign ...

    Supreme Court Affirms Lower Court Decision, Finding Invalid the Regulations on Foreign Exchange Report on Incorporation of Offshore Subsidiary by an Offshore Company
  • Disputes on Health-Related Commercial Advertisements under Consumer Law

  • [SOUTH KOREA] New Administration‚Äôs Key Environmental Policies

    To step forward as an environment-friendly government, the Moon Jae-in Administration has announced its key environmental policies, including improving safety in chemical substances and household chemical products, and reinforcing implementation measures of the Paris Agreement.¬† Under the ‚Äúsustainable development‚ÄĚ paradigm, the new administration will continually promote new regulations to protect the environment and strengthen its enforcement of environmental regulations.
  • [SOUTH KOREA] Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an ...

    Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an Ordinary Wage Case 
  • SyCipLaw TMT Bulletin: ‚ÄúMore Philippine Data Privacy Act: Are you Ready for Phase II?‚ÄĚ

    Controllers and processors who have completed Phase I registration with the National Privacy Commission (NPC) will now have to gear up for Phase II. Phase II involves providing the NPC certain information on the organization’s compliance with the Data Privacy Act (DPA).
  • Crowdfunding - The Path towards a regulatory Framework

      The importance and feasibility of crowdfunding platforms is increasing in stature and importance for current and future the entrepreneurs. Malta has recently acceded to the rising trend by creating its first crowdfunding platform, ZAAR, a reward-based crowdfunding platform who has recently been awarded with the first prize in its section at the National Enterprise Support Awards 2016 also as well as being one of the local projects that have represented Malta at the European Enterprise Promotion Awards 2016, held in Slovakia. Nonetheless start-ups based in Malta with global aspirations often rely on international platforms. An increase in interest has emerged amongst the art and culture community as well in social entrepreneurship projects. Crowdfunding in Malta is still at the early stages of development. Despite this, there are endless opportunities for local entrepreneurs and the local business community. Research has shown that through international crowdfunding platforms, monies have been raised for projects in the field of gaming consoles, apps and software as well as for artistic projects.  Testimony to this is a new game design studio in Malta, that launched its first game, Politicks, raised financing through the crowdfunding platform Indiegogo.