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FTC Takes Novel Approach to Seek Civil Money Penalties in the Wake of AMG Capital Ruling

06/18/21

On June 10, the Federal Trade Commission (FTC) filed an amended complaint for civil money penalties and other relief under Section 5 of the FTC Act prohibiting “unfair or deceptive acts or practices” and Section 521 of the Gramm-Leach-Bliley Act (GLBA) prohibiting the use of fraudulent statements to obtain consumer information.  Setting aside the substance of the allegations, the amended complaint is informative because while the

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Dealing with the Financial Impact of the Coronavirus

03/06/20

With the continuing spread of the Coronavirus Disease 2019 (“COVID-19” or “coronavirus”), hospitality service providers are facing a number of issues that have already exacted a heavy financial toll. With consumers staying home and employers limiting travel, there is currently significant pressure on revenues and operating margins. Regardless of the ultimate health impact of this crisis, there is already a significant economic crisis and it may get worse before it gets better.

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It’s all about Capital

08/12/19

In 2018, securitization provided an estimated $13.1 trillion in financing.  Contrast that with the US $10.24 trillion issued at the end of the 2nd quarter of 2008, and we can see that the securitization market is back. However, the market, particularly the market participants, have seen a significant change during years that it took for the securitization market to recover from the financial crisis.

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In Wake of Panama Papers Scandal Obama Calls for Stricter Bank Regulations, Tax Rules

05/06/16

In a news conference today President Obama addressed rules and proposed regulations announced Thursday intended to help the U.S.

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CFPB Issues Compliance Bulletin On Confidentiality of Supervisory Information

03/23/15

On January 27, 2015, the Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin reminding supervised financial institutions (including large depository institutions, credit unions and their affiliates, certain nonbanks, and service providers) of existing regulatory requirements regarding confidential supervisory information.  In this article we (i) explain the definition of confidential supervisory information; (ii) discuss exceptions to the non-disclosure rule; and (iii) offer tips for ensuring compliance.

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Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA

12/29/14

On December 23, 2014, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of § 304(a)(2) of the Trust Indenture Act of 1939, 15 U.S.C. §§ 77aaa-77aaaa (the “TIA”), and its application to certificates issued by trusts under pooling and servicing agreements (“PSAs”).  See Ret. Bd. of Policemen’s Annuity & Benefit Fund v. Bank of N.Y. Mellon, Nos. 13-1776-cv, 13-1777-cv (2d Cir. Dec. 23, 2014).

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Has New York State Failed its Hospitals?

04/28/14

According to New York’s Department of Health Commissioner, “nearly half [of] New York’s 227 hospitals are financially distressed.”[1]

What then is the future for New York’s hospitals, especially in light of healthcare reform and declining reimbursement rates?

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Has New York State Failed its Hospitals?

04/28/14

According to New York’s Department of Health Commissioner, “nearly half [of] New York’s 227 hospitals are financially distressed.”[1]

What then is the future for New York’s hospitals, especially in light of healthcare reform and declining reimbursement rates?

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