During the past few months we have pointed out the latest trends and legal analysis affecting the financial services platform. The four trends that are affecting profitability are regulatory, the Dodd-Frank Act and the establishment of the Consumer Financial Protection Board (“CFPB”). The CFPB has been plagued by delays in rule-making and by confusing and sometimes conflicting mandates in other federal law. The JOBS Act, recently signed into law will create changes in private placements and initial public offerings, with the SEC charged with appropriate rule making. The next trend relates to the residual failure of banks and the lack of clear direction as to how the defaulted portfolio of commercial real estate loans will be affected. The third trend is that as banks and financial services platforms look to increase profitability, the issue of overcharges on consumer fees is of regulatory concern. Finally, some of the large investment and money-center banks are still experiencing challenges which affect share price and potential investor and depositor suits. Since the current challenges are “regulatory, compliance and litigation oriented”, we strive to act as your advisor, confidant and friend in helping you to work through the maze of new regulation, overcharges of fees, compliance plans for third-party processors and workouts and commercial litigation. Please call me and I will be happy to audit your current loan documents, a potential litigation matter or a compliance issue.
Educational Programs are also invaluable at this time of regulatory change. As Vice-Chair of the OCBA Banking and Lending Section, the Section will be presenting a seminar this October on recent trends in Banking and Lending Law. As moderator, I am responsible for planning the program content. Please feel free to contact me with any topics that might be of interest to you or your institution.
What’s News
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NOTES FROM THE EDITOR
Next Event: “Recent Developments in Banking and Lending Law”, a seminar sponsored by the Orange County Bar Association Banking and Lending Section entitled “Recent Developments in Banking and Lending Law”. The event will be held at Whittier Law School, with check-in and reception beginning at 4:30. Continue reading →
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Why Should Commercial Lenders Care About Intellectual Property Assets?
Intellectual property (“IP Assets”), including, but not limited to, patents, trademarks, trade secrets and copyrights may generate profits to their owners, creating more value than other asset classes. Profitable aspects of IP Assets include the ability to grant non-exclusive licensees, short-term assignments and use as collateral in a loan transaction, as further discussed below. Continue reading →
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What’s New? – Rule 506 and General Solicitation Raising Equity For a Real Estate
Title II of the JOBS Act directs the SEC to permit general solicitation and general advertising for offerings conducted under Rule 506 of Regulation D of the Securities Act, provided that Rule 506 sales are made only to investors who are “accredited” as such term is defined under the federal securities laws. Continue reading →
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Two Important Conferences Coming UP
Harriet Alexson will be a presenter at the Independent Bankers Association conferences as follows: Community Bank Risk Management Conference September 18, 2012 and Community Bank Regulatory Compliance Conference September 19, 2012. The topic will be “Recent Developments in the Regulation … Continue reading →
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FDIC & SBA ANNOUNCES NEW RESOURCES FOR SMALL BUSINESSES
FDIC and SBA Team Up to Offer Financial Education Support for New and Aspiring Entrepreneurs The Federal Deposit Insurance Corporation (FDIC) and U.S. Small Business Administration (SBA) recently announced new resources to support small businesses across the nation. Continue reading →
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NOTES FROM THE EDITOR
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