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In prepared remarks to the American Association of Mortgage Regulators, FinCEN Director, James H. Freis, Jr., announced that FinCEN issued an advisory to assist financial institutions—specifically non-bank residential mortgage lenders and originators—in filing more useful Suspicious Activity Reports related to mortgage loan fraud.

FinCEN issued a final rule amending Bank Secrecy Act provisions regarding money services businesses.

A registered broker-dealer recently executed a Letter of Acceptance, Waiver and Consent ("AWC") with FINRA regarding alleged violations of record retention rules applicable to emails.

Under the U.S. tax laws, the receipt of an interest in partnership profits is generally not taxable to the recipient, and allocations of partnership tax items (such as capital gains) to the recipient are characterized in the recipient’s hands based on how such items are characterized by the partnership.

On June 9, 2011, the Securities Division of the Secretary of the Commonwealth of Massachusetts (the "Securities Division") issued a consent order (the "Order") in settlement of an investigation of a major broker-dealer (the "Firm").

The municipal securities market is critical to the nation’s infrastructure.

On September 9, 2011, the Municipal Securities Rulemaking Board (MSRB") withdrew rulemaking proposals applicable to municipal advisors that were pending with the SEC.

The OCC issued an interim status report summarizing the actions taken by12 national bank and federal savings bank servicers to comply with the April 13, 2011 consent orders issued by the OCC and the former OTS regarding foreclosure practices.

The OCC sent a letter to Senator Thomas R. Carper concerning its interpretation of the federal preemption standard in Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

We recently approached the staff of the SEC’s Division of Corporation Finance (the “Staff”) on behalf of a number of our Real Estate Investment Trust (“REIT”) clients seeking clarification as to the application of Rule 415(a)(1)(iv).

The three eligible types of entities under Chapter 9 of the Bankruptcy Code include the nebulous "instrumentality of a state," which is receiving increasing attention from potential filers.

The register of copyrights has issued an opinion clarifying which entities can qualify as pre-existing subscription services.

In "Brown v. Medtronic, Inc., et al.", Case No. 09-2524 (8th Cir. Dec. 13, 2010), the U.S. Court of Appeals for the Eighth Circuit affirmed dismissal of a putative class action complaint filed by a former participant in an employee stock ownership plan sponsored by a medical device manufacturer (the "Sponsor").

Last month, in "George, et al. v. Kraft Foods Global, Inc., et al.", Case No. 08-c-3799 (N.D. Ill. Aug. 25, 2010) ("Kraft II"), the U.S. District Court for the Northern District of Illinois granted a motion to certify as a class action a lawsuit filed by several plan participants challenging the prudence of including two actively managed mutual funds in their employer’s defined contribution plan (the "Plan").

The President’s Council of Economic Advisors (the "CEA") released its latest quarterly report on July 14, 2010, regarding the impact of the American Recovery and Reinvestment Act of 2009 ("ARRA").

Under the Worker, Homeownership, and Business Assistance Act of 2009, signed into law by President Obama on November 6, 2009, taxpayers may elect to carry back net operating losses arising in a 2008 or 2009 tax year for up to 5 years.

The United Kingdom’s Financial Conduct Authority has issued a Consultation Paper proposing new rules intended to streamline the process for recovering assets from a failed investment firm.

The Financial Industry Regulatory Authority (“FINRA”) has proposed and is requesting comment on “Proposed Research Registration and Conflict of Interest Rules” (Regulatory Notice 08-55), which would liberalize existing rules restricting the issuance of analyst research around initial public offerings and secondary offerings.