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  • Article

    CFPB, In Coordination With The OCC, Announces First Public Enforcement Action (Consumer Financial Services Alert - July 24, 2012)

    The CFPB announced its first public enforcement action – a consent order against a bank alleging violations of Federal consumer protection laws for deceptive marketing of payment protection and credit monitoring products.
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    CFPB Issues First Decision And Order On Petition To Modify Or Set Aside Civil Investigative Demand (Consumer Financial Services, October 2, 2012)

    The CFPB recently denied a petition to set aside a civil investigative demand.
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    CFPB Releases International Fund Transfers Small Entity Compliance Guide

    The CFPB released its Small Business Compliance Guide to complying with the new remittance transfer rule set to take effect on February 7, 2013 (see August 7, 2012 Alert).
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    CFPB Releases Study Finding That Credit Scores Differ Between Lenders And Consumers (Consumer Financial Services Alert, October 2, 2012)

    The CFPB released a study comparing credit scores sold to creditors and those sold to consumers.
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    FTC Settles With Consumer Reporting Agency

    The FTC announced that it entered into a settlement with a consumer reporting agency charged with improperly selling prescreened lists of consumers who were late on mortgage payments, in violation of the FTC Act and the Fair Credit Reporting Act.
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Sixth Circuit Upholds Dismissal Of Suit To Set Aside Foreclosure Sale

    The United States Court of Appeals for the Sixth Circuit affirmed a lower court’s decision dismissing plaintiff’s action to set aside a foreclosure sale based on alleged violations of the non-judicial foreclosure process in Michigan.
    United StatesConsumer Protection
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Eleventh Circuit Affirms Dismissal Of Stock Drop Suit

    In "Lanfear v. Home Depot, Inc.", Case No. 10-13002 (11th Cir. May 8, 2012), the U.S. Court of Appeals for the Eleventh Circuit adopted the presumption of prudence.
    United StatesEmployment and HR
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Federal Court Upholds New NLRB Posting Requirement

    Last week, a federal court upheld a new National Labor Relations Board ("Board") rule that employers subject to the National Labor Relations Act ("NLRA") must post notices of employee rights under federal labor law, including employees’ right to join or not join a union.
    United StatesEmployment and HR
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    CFTC Issues Proposed Order Postponing Effectiveness Of Various Elements Of New Dodd-Frank Regulatory Framework For Swaps; SEC Issues Exemptive Relief Regarding Compliance With Dodd-Frank Security-Based Swap Provisions

    The CFTC issued a proposed order that would provide temporary exemptive relief from certain requirements in the Commodity Exchange Act (the "CEA") resulting from the Dodd-Frank Act that otherwise become effective on July 16, 2011 under the terms of the Act.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    CFTC Proposes To Extend Temporary Relief Under July 14, 2011 Order That Postponed Effectiveness Of Various Elements Of New Dodd-Frank Regulatory Framework For Swaps

    The CFTC issued a notice proposing to amend its July 14, 2011 order providing temporary exemptive relief from certain requirements in the Commodity Exchange Act (the "CEA") resulting from the Dodd-Frank Act that otherwise became effective on July 16, 2011 under the terms of the Act.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    FINRA Provides Guidance On Communications With The Public (Financial Services Alert For May 21, 2013)

    FINRA issued Regulatory Notice 13-18 to provide guidance to firms on communications with the public concerning unlisted real estate investment programs.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    FRB Adopts Final Rule And Interim Final Rule Concerning Capital Requirements For Small Bank Holding Companies Organized As S Corps Or In Mutual Form

    The FRB issued an interim final rule (the "Interim Final Rule") that allows bank holding companies ("BHCs") organized as S Corps and BHCs organized in mutual form to exclude subordinated debt issued to the Department of the Treasury ("Treasury") under the Small Business Lending Fund from treatment as debt for purposes of the debt-to-equity standard under the FRB’s Small Bank Holding Company Policy Statement (the "Policy Statement").
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    SEC And CFTC Propose Rules To Address FCRA Requirements Regarding Identity Theft Programs And Credit Card Changes Of Address

    The SEC and CFTC (the "Commissions") jointly issued proposed rules that would (a) require financial institutions and creditors subject to a Commission’s jurisdiction to develop and implement a written identity theft prevention program addressing identity theft in connection with certain existing accounts or the opening of new accounts and (b) establish special requirements under which a credit or debit card issuer subject to a Commission’s jurisdiction would have to assess the validity of change
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Are Pension Wars Coming In CA Municipal Bankruptcies?

    On September 12, 2012, CalPERS’ general counsel released a public statement setting forth CalPERS’ legal position on the limitations of the power of the bankruptcy.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Will Municipal Bankruptcies Unsettle The Bond Market?

    The surge in municipal bankruptcies across the country, including three in California since January, has been unsettling for bond market participants.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Bank Securities Lending Settlement For $150 Million

    The past few years have seen a number of class claims brought against banks in connection with securities lending programs (reported in the June 2009 ERISA Litigation Update).
    United StatesLitigation, Mediation & Arbitration
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Recent Consumer Class Decision

    The U.S. District Court for the Northern District of California recently denied class certification in an action alleging that Facebook, Inc. breached its advertising contracts.
    United StatesLitigation, Mediation & Arbitration
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Superiority Requirement Not Met In Electronic Fund Transfer Act Suit When Individual Inquiries Required To Determine Whether ATM Users Were "Consumers"

    The U.S. District Court for the District of Columbia recently denied class certification in an action under the Electronic Fund Transfer Act.
    United StatesLitigation, Mediation & Arbitration
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Founders Should Think Before They Raise

    The CB Insights report on private tech company M&A in 2012 just came out and there are some very interesting trends highlighted by the report.
    United StatesStrategy
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    IRS Rules That Shares Of Money Market Mutual Funds Qualify As Cash Items For REIT Asset Test Purposes

    On June 18, 2012, the IRS issued Revenue Ruling 2012-17, which holds that shares in a money market mutual fund qualify as "cash items".
    United StatesTax
    Goodwin Procter LLP
    Goodwin Procter LLP

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