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Banking

Released on: Jul. 17, 2012

Taken from the briefing A Capital Idea? Proposed Changes to the U.S. Regulatory Capital Framework recorded July, 2012. On June 12, 2012, the Federal banking agencies formally proposed for comment, in three separate but related proposals, significant changes to the U.S. regulatory capital framework: the Basel III Proposal, which applies the Basel III capital framework to almost all U.S. banking organizations; the Standardized Approach Proposal, ...

Released on: Nov. 1, 2012

Taken from the briefing FATCA: The Deadline Looms... Will You Be Ready? recorded October, 2012. In the wake of the massive criminal tax prosecutions of UBS and other foreign firms by the Department of Justice in the late 2000s, Congress enacted FATCA to combat tax evasion by U.S. persons and to deter the facilitation of tax evasion by foreign financial institutions (“FFIs”).  To achieve these goals, FATCA requires that foreign ...

Released on: Feb. 28, 2013

Taken from the briefing Final FATCA Regulations: What Hedge Funds and Private Equity Funds Need to Know recorded February, 2013. The FATCA regime represents the IRS’s far-reaching effort to require “foreign financial institutions,” including offshore investment vehicles, to assist it in enforcing the US tax obligations of US persons. The lengthy final FATCA regulations were published on January 17, 2013. The FATCA regime will ...

Released on: Jul. 25, 2012

Taken from the briefing Financial Institution Planning and Compliance Under Dodd-Frank: Putting the Pieces Together recorded July, 2012. The Dodd-Frank Act calls on banks to put in place new risk management regimes, conduct stress tests, and submit plans in several areas, including capital, liquidity, resolution planning, and compliance with the Volcker Rule.  The regulators have begun to understand how these requirements relate, and ...

Released on: Jun. 14, 2012

Taken from the briefing Force-Placed Insurance: Current Trends Following the Financial Crisis recorded May, 2012. Borrowers who finance the purchase of a home, vehicles or personal or commercial property are generally required to maintain insurance on that property to protect the lender’s interest in the property as collateral for the loan.  When the borrower fails to do so, or its existing insurance policy lapses, the lender is  ...

Released on: Aug. 9, 2012

Taken from the briefing From False Claims Act to FIRREA: The Government's Expanding Enforcement Arsenal Against Financial Institutions 2012 recorded July, 2012. In its pursuit of financial fraud, the Department of Justice has recently "rediscovered" civil enforcement statutes that have not traditionally been applied in the context of financial fraud, particularly the False Claims Act, FIRREA, and the Fraud Injunction Statute. Listen ...

Released on: Aug. 30, 2012

Taken from the briefing Hello World: The CFPB - One Year Later recorded August, 2012. Among the most significant changes wrought by the 2010 Dodd-Frank Act was the creation of the Bureau of Consumer Financial Protection to protect consumers and regulate financial products offered by the nation’s financial institutions.  A year has passed since the Bureau opened its doors and much has been accomplished by the agency, with additional ...

Released on: Jul. 12, 2012

Taken from the briefing Insurance Group Solvency Supervision: Proposed Enhancements 2012 recorded June, 2012. Regulators in the U.S. and internationally have been working on ways to enhance oversight of insurance groups that include both regulated insurance entities and non-regulated entities.  These efforts are in response to the perceived gaps in regulation of financial groups identified from the 2008 financial crisis and in the International ...

Released on: Feb. 21, 2013

Taken from the briefing International Banking, Part I: The Federal Reserve's Proposed Prudential Regulations for Foreign Banks recorded February, 2013. On December 14, 2012, the Federal Reserve proposed significant new regulations affecting the operations of foreign banks in the United States. The proposals are designed to implement the enhanced prudential regulation and early remediation requirements of Dodd-Frank Act sections 165 and 166. Lecture ...

Released on: Mar. 22, 2013

Taken from the briefing International Banking, Part II: Foreign Banks Accessing the U.S. Markets recorded March, 2013. Foreign banks are increasingly seeking to diversify their financing opportunities.  With careful planning, banks can access U.S. investors without subjecting themselves to the securities registration requirements applicable to public offerings and to ongoing disclosure and governance requirements applicable to U.S. reporting ...

Released on: Apr. 4, 2013

Taken from the briefing International Banking, Part III: SEC Registration for Foreign Banks recorded March, 2013. Foreign banks seeking to diversify their financing opportunities may consider SEC registration. This briefing will focus on the registration process; disclosure considerations for financial institutions; and compliance, governance and ongoing reporting. Lecture Topics  [Total Time: 01:05:06] The registration process and ...

Released on: Apr. 16, 2013

Taken from the briefing International Banking, Part IV: Foreign Banks Issuing Covered Bonds into the U.S. recorded March, 2013.Despite the sovereign crisis and heightened volatility, the covered bond market remains very attractive.  Foreign banks continue to access the U.S. markets with covered bond offerings.  We will discuss the market environment, the legal and regulatory considerations, and the process for an exempt offering by a foreign ...

Released on: Dec. 3, 2012

Taken from the briefing LIBOR Scandal: Update on Current Litigation and Other Consequences for the Financial Industry (Audio-only) recorded November, 2012. Headlines continue to break as the LIBOR bid-rigging scandal unfolds, with civil suits and criminal charges quickly following.  A wide range of plaintiffs are attempting to bring class action lawsuits against financial industry participants on this issue.  Significant questions ...

Released on: Dec. 6, 2012

Taken from the briefing London Investment Company Act Equity Procedures 2012 recorded November, 2012. The Forum for U.S. Securities Lawyers in London () has recently launched the London Equity Procedures 2012 (the “Procedures”), which include a menu of procedures and considerations to be used by issuers in the London market taking advantage of the Section 3(c)(7) exemption under the Investment Company Act of 1940 for equity securities.  ...

Released on: Oct. 3, 2012

Taken from the briefing Mobile Payments Compliance: Unique Disclosure, Advertising, and Money Transmission Issues recorded September, 2012. There has been considerable growth in the mobile payment space over the last year or so.  This One-Hour Briefing panel will examine unique compliance issues for those involved in mobile payments and will explore a number of compliance issues associated with meeting the requirements of various consumer ...

Released on: Mar. 26, 2013

Taken from the briefing Navigating the Requirements for Derivatives Trading: Title VII of Dodd-Frank recorded March, 2013. Now that the rulemaking relating to Title VII of the Dodd-Frank Act has been nearly finalized, market participants are preparing themselves to function in a very different derivatives market.  Title VII imposes a comprehensive regulatory framework for derivatives, and requires both end-users and dealers to adopt new compliance ...

Released on: Apr. 11, 2013

Taken from the briefing New OCC Foreclosure Settlements: Moving on From the Independent Foreclosure Review Process recorded March, 2013. Millions of homeowners have lost their homes and been subjected to unlawful conduct by mortgage servicing companies in the context of both judicial and non-judicial foreclosure proceedings around the country. The Office of the Comptroller of the Currency and the Federal Reserve recently announced that they reached ...

Released on: May. 15, 2013

Taken from the briefing SEC's Extension of Exemptions for Security-Based Swaps 2013 recorded April, 2013.Among its many important changes to the legal landscape, The Dodd-Frank Act defined the term “security” to include security-based swaps. The SEC has taken a deliberative approach in relation to the effects of this change, and recently extended until February, 2014 the expiration date of certain temporary exemptions and interim final rules that ...

Released on: Oct. 24, 2012

Taken from the briefing Stranger in a Strange Land: CFPB and DOJ Bring Non-Mortgage Products into the Fair and Responsible Lending Fold recorded October, 2012. Regulators have long patrolled residential mortgage lending data for compliance with fair lending laws - principally the Fair Housing Act and the Equal Credit Opportunity Act - and “responsible” banking practices, generally meaning practices that are not unfair, deceptive, or ...

Released on: Aug. 13, 2012

Taken from the briefing Swaps Regulation: CFTC's Proposed Dodd-Frank Extraterritoriality Guidance and Implementation Schedule recorded July, 2012. On June 29 the CFTC unveiled its proposed position on extraterritorial application of much of its Dodd-Frank regulation of swaps.  The CFTC is taking an aggressive view of the extraterritorial scope of its jurisdiction - a view likely to have an unsettling effect on non-U.S. persons potentially ...