Searching Content indexed under Charges, Mortgages, Indemnities by WilmerHale ordered by Published Date Descending.
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8-In-8 Recent Trends In European Law And Policy Alert Series: Update On Brexit And Financial Services
This is the second issue of WilmerHale's 8-in-8 Recent Trends in European Law and Policy Alert Series.
European Union
4 Jun 2018
TRID: Implementation Challenges And Compliance Concerns
The TILA-RESPA Integrated Disclosures rule for mortgages ("TRID") went into effect on October 3, 2015, after a nearly two-year implementation period.
United States
3 Mar 2016
Military Lending Act Poses Challenges
New regulations issued by the Department of Defense (DOD) under the Military Lending Act (MLA) will have a major impact on financial institutions.
United States
8 Dec 2015
CFPB Issues Final Rule To Improve Information About Access To Credit In The Mortgage Market
On October 15, 2015, the Consumer Financial Protection Bureau issued a final rule to implement amendments to the Home Mortgage Disclosure Act made by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
United States
26 Oct 2015
CFPB Analysis Of Consumer Complaints On Reverse Mortgages
Reverse mortgages are complex and not always well understood by borrowers.
United States
16 Feb 2015
CFPB Calls For Changes To Mortgage Servicing With Proposed Rule
Summary: On November 20, 2014, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") proposed changes to the rules governing mortgage servicing and foreclosures—Regulation X, which implements the Real Estate Settlement Procedures Act ("RESPA"), and Regulation Z, the implementing regulation for the Truth in Lending Act ("TILA").
United States
22 Nov 2014
Valuing Forbearance In Fraudulent Transfer Actions: An Introduction*
As a business descends into financial distress, it commonly enters into discussions with its creditors concerning a viable path forward.
United States
24 Jul 2013
2012 M&A Report
M&A activity increased significantly in 2011, marking the second consecutive year of growth after the market decline of 2008 and 2009.
United States
14 Jun 2012
Massachusetts DOR Issues Final Directive On Restrictions On Pledges Of Security Corporation Stock
The Massachusetts Department of Revenue has issued the final version of its Directive that covers restrictions on the pledging of security corporation stock.
United States
10 Jun 2012
The SEC And CFTC Issue Joint Rules Further Defining Swap Dealers And Major Swap Participants
The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) (jointly, the Commissions), in consultation with the Board of Governors of the Federal Reserve System (Federal Reserve), have issued Final Rules (Final Rules) and interpretive guidance (Guidance or Release) on the further definition of the terms "swap dealer" (SD), "security-based swap dealer" (SSD), "major swap participant" (MSP), "major security-based swap participant" (MSSP) (MSP and MSSP jointly,
United States
14 May 2012
CFTC’s Rulemaking On The Segregation Of Cleared Swaps Customer Collateral: LSOC And Beyond
The Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") mandated segregation of customer collateral for both cleared and uncleared swaps.
United States
14 May 2012
Massachusetts DOR Revises Its Proposed Directive On Restrictions On Pledges Of Security Corporation Stock
Companies with Massachusetts security corporation subsidiaries are often asked by lenders to pledge as security for a loan their shares of stock in the security corporation subsidiaries.
United States
24 Apr 2012
UPDATE: Lower Courts Interpret The Supreme Court's Decision In Janus Capital Group, Inc. v. First Derivative Traders
Last summer, the Supreme Court held in Janus Capital Group, Inc. v. First Derivative Traders, Inc. that a defendant may only be held be liable for securities fraud in a private action brought under Rule 10b-5(b) of the Securities Exchange Act of 1934 if it was the "maker" of a misstatement.
United States
12 Apr 2012
The STOCK Act: More Questions Than Answers?
On March 22, the United States Senate passed the "Stop Trading on Congressional Knowledge Act of 2012," or "STOCK Act." The bill passed by the Senate was identical to one passed by the House of Representatives on February 9.
United States
5 Apr 2012
Congress Passes New Capital Formation Legislation
Important new legislation intended to spur job creation and economic growth by improving access to the capital markets for start-up and emerging growth companies has cleared Congress. The "Jumpstart Our Business Startups Act" (JOBS Act) won final approval on March 27, 2012, and now goes to the President.
United States
28 Mar 2012
The SEC's Longstanding "Neither Admit Nor Deny" Settlement Policy Is Supported By Second Circuit Decision Granting Stay
In the latest development involving the Securities and Exchange Commission's ("SEC") longstanding practice of settling enforcement cases on a "neither admit nor deny" basis, the Second Circuit issued an opinion on March 15, 2012 granting a stay in the case in which Judge Jed Rakoff had refused to approve the SEC's settlement with Citigroup.
United States
23 Mar 2012
FINRA Now Authorized To Seek SARs Materials From Member Broker-Dealers
In December, 2010, the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) issued a final rule (Final Rule), effective January 3, 2011, amending the Bank Secrecy Act (BSA) regulations relating to disclosure of suspicious activity reports (SARs) by financial institutions and governmental authorities.
United States
28 Feb 2012
CFTC Adopts Final Rules On CPO Registration And Compliance
On February 9, 2012, the Commodity Futures Trading Commission ("CFTC") adopted final rules that will limit significantly the ability of advisers to private funds and registered investment companies to rely on existing exemptions and exclusions from CFTC regulation.
United States
23 Feb 2012
The Top 10 SEC Enforcement Events Of 2011
2011 was an eventful year for the Division of Enforcement at the U.S. Securities and Exchange Commission ("SEC"). Our assessment of the top ten SEC Enforcement events of 2011 is discussed below.
United States
18 Jan 2012
Consumer Financial Protection Bureau Announces Early Warning Notice Process For Enforcement Proceedings
Yesterday, the Consumer Financial Protection Bureau ("the Bureau") issued Bulletin 2011-04, announcing that it intends to issue Early Warning Notices to potential respondents prior to initiating enforcement proceedings.
United States
11 Nov 2011
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