Volume 79, Issue 2
This article critiques this event-driven suits model, and seeks to demonstrate that it is contrary to well-reasoned case law. It also ignores the significant impact a company’s “reputation” for in…
This Model Equity Contribution Agreement is intended to serve as a reference for practitioners negotiating and documenting a project finance transaction that includes an obligation on such project’s…
Overview of intermediated securities holding system in the United States, which involves holding through securities accounts with intermediaries (broker-dealers and banks), including operations, tran…
The article discusses the Good Practice Principles for Cross-Border Closing Opinions recently published which seeks to assist lawyers globally in giving closing opinions in cross-border transactions.
Discussion of Good Practice Principles for Cross-Border Closing Opinions, a product of a joint ABA/IBA task force, for lawyers internationally in giving legal opinions, the receipt of which is usuall…
The Report reviews how sales of and security interests in electronic accounts, electronic money, cryptocurrency and NFTs are handled under the law. It then summarizes the provisions of UCC Amendments…
Secured transactions often relate to more than one jurisdiction. Accordingly, choice-of-law rules that determine the jurisdiction whose law applies to a particular aspect of a secured transaction are…
Section 1-305(b) of the UCC provides, “Any right or obligation declared by [the Uniform Commercial Code] is enforceable by action unless the provision declaring it specifies a different and limited e…
The introduction to the consumer financial services survey provides a preview of the topics that will be included in the survey, including: arbitration, CFPB, mortgage regulation, FCRA, state privacy…
This survey highlights some of the more significant arbitration rulings issued by the United States Supreme Court and the federal courts of appeals since the last annual update.
The article addresses various defenses that companies have used to combat mass arbitration in state and federal court, the relative success of each defense (or lack thereof) and strategies for combat…
The Supreme Court considered whether the structure of the Consumer Financial Protection Bureau is constitutional. The Supreme Court will decide whether the CFPB’s funding mechanism violates the Appro…
Over the past year, the Consumer Financial Protection Bureau and other federal financial regulators have issued rules and guidance that will affect a number of aspects of the mortgage industry.
The Consumer Financial Protection Bureau and the Federal Trade Commission continue to be active under the Fair Credit Reporting Act, issuing agency guidance and enforcement actions targeting the cons…
This article will review the new data privacy laws enacted by six states, and updates the status of the laws in the seven other states as the laws take effect.
The financial technology (“FinTech”) industry has continued to see increased scrutiny through federal agency focus, state legislation, and litigation. This scrutiny reflects the maturing nature of th…
This survey addresses compliance issues related to the small-dollar lending industry, including a case before the Supreme Court, federal and state enforcement actions, consumer litigation, and new st…
Over the past year, automotive finance developments continued to emerge at a fast and furious pace. These developments were examined at the state and federal levels.
Fair lending enforcement activity, including redlining claims, municipal government cases on disparate impact and treatment, and court challenges to the reenacted Discriminatory Effects Rule and new…
This survey provides an overview of the real-time payment (RTP) landscape in the US in light of the Federal Reserve Board's new RTP offering, "FedNow", as well as discusses the practical implications…
The most pervasive form of cybercrime involving fraudulent funds transfers is business email compromise (“BEC”). BEC is a scam targeting businesses or individuals working with suppliers and/or busine…