BLT: December 2018

 

Articles

Business & Corporate

What Comes Next with Respect to CRA Reform?

November 19, 2018, marked the end of the comment period for the advance notice of proposed rulemaking (Notice) issued by the Office of the Comptroller of the Currency (OCC) to solicit ideas for transforming and modernizing the Community Reinvestment Act (CRA) regulatory framework.[1] The OCC’s Notice is just one of many recent attempts by both lawmakers and regulators to renew focus on, and jumpstart momentum for, CRA reform.

Business & Corporate

The Wire Act and Other Obstacles to Online Sports Gambling After Christie

The U.S. Supreme Court recently ended a nearly six-year legal battle regarding the constitutionality of the Professional and Amateur Sports Protection Act (PASPA). In Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018), the Supreme Court, with Justice Alito authoring the majority opinion, joined by Chief Justice Roberts and Justices Kennedy, Thomas, Kagan, and Gorsuch, held that PASPA violated the 10th Amendment’s “anti-commandeering” principle, which provides that if the Constitution does not give power to the federal government or take power away from the states, that power is reserved for the states or the people themselves.

Business & Corporate

The Changing Landscape of Commercial Real Estate: Repurposing Spaces in Retail, Shopping Centers, Healthcare and Golf Courses

Commercial real estate markets have experienced significant challenges over the last decade in all regions and sectors of the country, from retail to office to medical to senior living to golf courses. Some facilities and developments have thrived and continue to thrive, while others are subject to relentless external changes and influences in our economy.

Business & Corporate

Seven Keys to Curing Employee Lethargy and Making Them Care About Managing Information

While hanging around the water cooler the other day, I took an informal survey of a few colleagues. “How many of you are finding the task of addressing private information in compliance with increasingly complex laws, regulations, and corporate mandates to be hugely fun?” Unsurprisingly, the feedback was unanimous; everyone was loving it. They couldn’t get enough. They clamored for greater records management responsibilities and litigation response obligations. They also mentioned that there is no better end to a long workday than an involved information-security training, provided that their lunchtime could be interrupted for dental work with no anesthesia.

Business & Corporate

How Law Firms Can Use Technology to Build Stronger Client Relationships

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) was enacted in the wake of the 2008 financial crisis. Although reforms under Dodd-Frank primarily targeted large banks, they have affected banks of all sizes. During the years of implementation of Dodd-Frank, it became clear that the regulatory tightening in response to the crisis was becoming onerous especially for smaller community banks.

Business & Corporate

Enthusiasm Spreads Across the Border: Cannabis Industry Looks North to Capitalize on Optimism

On October 17, 2018, the Cannabis Act came into force in Canada, establishing a comprehensive legislative scheme governing the licensing, production, distribution, and sale of cannabis and related products for recreational use. Canada’s nascent recreational cannabis industry has faced its share of growing pains, but there is reason for optimism moving forward.

Business & Corporate

Banks’ Exposure to the Enron Fraud Lives: 17 Years Later

A recent decision from the U.S. District Court for the Southern District of New York dramatizes the ongoing legal liability to which banking and other financial institutions are exposed when an economic fraud and resulting scandal occur. In this longstanding matter, Defendants Credit Suisse, Deutsche Bank, and Merrill Lynch remain very much in harm’s way due to allegations relating to their conduct in connection with certain debt securities issued by the now infamous Enron Corporation—nearly 17 years ago.

Business & Corporate

Arbitration Continues to Be a Hot Topic Before the Supreme Court

Interpretation of the Federal Arbitration Act (FAA) has been a frequent issue considered by the U.S. Supreme Court this year. On October 29, 2018, the Supreme Court heard oral argument in Lamps Plus, Inc. v. Varela, No. 17-988. In Lamps Plus, the Court considered whether the FAA precludes a state-law interpretation of an arbitration agreement that would authorize class arbitration based solely on general language commonly used in arbitration agreements.

Business & Corporate

Recent Legislation Encourages Bank M&A Activity

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) was enacted in the wake of the 2008 financial crisis. Although reforms under Dodd-Frank primarily targeted large banks, they have affected banks of all sizes. During the years of implementation of Dodd-Frank, it became clear that the regulatory tightening in response to the crisis was becoming onerous especially for smaller community banks. In response, Congress, led by Senate Banking Committee Chairman Mike Crapo, passed the Economic Growth, Regulatory Relief and Consumer Protection Act of 2018, Pub. L. 115-174 (the Crapo Act).

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