Know when to fold ’em: spotting the first sign of troubled credit
2/16/22
By: Travis Knobbe All too often, we get recovery files months, sometimes years, after the tipping point when assets begin depleting faster than they can be preserved to maximize lender recovery. To be fair, there are times when credit monitoring would not have revealed the issue any sooner. That said, there are plenty of instances…
The preservation of appellate rights is critical to any trial
2/15/22
By: Patrick Cosgrove, Esq. In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate rights is a critical component of any trial. In the case, Financial Information Technologies, LLC…
1/10/22
By: Kirsten Patzer and Courtney Mazzio On October 27, 2021, the Federal Trade Commission (“FTC”) announced an update to the rules implemented by the Gramm-Leach-Bliley Act expanding the definition of “financial institutions” under the Financial Privacy Rule and requiring these institutions to enact specific measures to protect their customers’ nonpublic personal information under the accompanying…
Preparing for the end game when underwriting new credits
1/10/22
By: Travis Knobbe Most financial institutions we have represented over the years make a fine-line distinction between loan officers and asset recovery officers. In many instances, this distinction makes sense. If a loan officer considers too openly the risk for failure of a new loan, he or she may attract less new lending relationships and…
Squeezing blood from stones: an introduction to creditors’ rights
12/15/21
By: Travis Knobbe Creditors’ rights, practiced properly, is a truly unique intersection in the law. When I clerked with the Honorable William F. Stone, Jr., in the United States Bankruptcy Court for the Western District of Virginia, he said a couple things that stick with me through my practice. First, he told me that he…
Bill banning mandatory arbitration in financial services one step closer to becoming Law
12/6/21
By: Leo G. Kogan Most retail investors have signed a customer agreement requiring that all claims against their broker or financial advisor be resolved through arbitration. Last week, the House Financial Services’ Committee took a step toward making such mandatory arbitration provisions a thing of the past by passing H.R. 2620, the “Investor Choice Act.” If made into law, the bill would amend the Securities Exchange Act…
4/20/21
By: Kirsten Patzer Even before Robinhood made headlines with the GameStop debacle earlier this year, the Massachusetts Securities Division and Secretary of the Commonwealth, William Galvin, had Robinhood in their sight. On December 16, 2020 the Massachusetts regulators brought their first action under the recently implemented fiduciary rule standard, alleging Robinhood aggressively targeted young people…
SEC and FINRA Release 2021 Examination Priorities
3/15/21
By: Chad Weaver and Tyler Jacobs On March 3rd, the SEC Division of Examinations announced their 2021 examination priorities. Earlier this year, on February 2nd, FINRA released a report of Examinations and Risk Monitoring to provide insight to member firm’s compliance programs. Unsurprisingly, there is significant overlap between the priorities of the two securities regulatory…
Yes, Robinhood can, and should, halt the purchase of GameStop
1/29/21
By: Kirsten Patzer In the wake of GameStop Corp. (GME) stock spiking as high as 800% over the last several weeks, broker dealers are stepping in to stop the madness. The lead up to Robinhood, Interactive Brokers, and other trading platforms halting the purchase of high-flying stocks GameStop, AMC Entertainment Holdings Inc. (AMC), and other…
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
FINRA Amends Rules to Incentivize Timely Payment of Arbitration Awards
6/17/20
By: Kathleen Cusack and Kirsten Patzer On May 21, 2020, the Financial Industry Regulatory Authority (FINRA) announced that effective September 14, 2020, its Membership Application Program (MAP) rules will be amended to further incentivize the timely payment of arbitration awards. The amendment to MAP will seek to do so by preventing an individual from switching firms…
FINRA Issues Guidance on Remote Work Including Continued Warning for Cyber Threats
6/15/20
By: Kathleen Cusack and Kirsten Patzer Although all 50 states have begun the process of reopening, business spaces have not yet returned to full capacity and many people continue to work remotely. On May 28, 2020, the Financial Industry Regulatory Authority (FINRA) issued new guidance for working from home based on surveys of financial firms. …