Fraud and Other Borrower and Lender Concerns in PPP and Other CARES Act Lending Programs
Proceeds Certification, Loan Forgiveness and Other Triggers: New Federal Oversight, SBA Gu...
August 19, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine the regulatory and enforcement framework around emergency COVID-19 loan programs, including the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan Program (EIDL). The panel will discuss actions by borrowers and lenders that can trigger potential lia...
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Attorney-Client Privilege for Financial Institutions in Internal Investigations, Audits, a...
Confidential Information and Work Product; Bank Examination Privilege; Section 1828 Select...
July 16, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will examine attorney-client privilege for banks and financial institutions. We will provide practical guidance for safeguarding the attorney-client privilege, how to respond to document requests that seek privileged information, and how to respond to regulatory requests for privile...
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Legal Issues With Blockchain in Banking and Fintech: Implementing New Applications
Leveraging DLT Platforms for Recordkeeping, Payments, KYC, and More; Concerns With Regulat...
June 2, 2020 • CLE • CLE On-Demand, Download
This CLE webinar will provide finance and lending counsel with an examination of current and potential uses of blockchain in banking and FinTech. The panel will discuss the advantages of distributed ledger technology (DLT) in cost-efficiency, cybersecurity, and fraud protection, as well as the legal...
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Asserting Bank Examination Privilege in Litigation
Determining the Legal Basis and Working With Regulators to Assert and Defend the Privilege
May 15, 2019 • CLE • CLE On-Demand, Download
This CLE webinar will provide bank counsel with a thorough understanding of the bank examination privilege, including the legal basis for the privilege, how to exercise the privilege in federal litigation, and the documents and communications covered. The panel will also discuss best practices for a...
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Bank Enforcement Actions: New OCC Policies and Procedures
OCC Bulletin 2017-48: Revised Terminology, Documentation, Reporting Requirements, Risk Fac...
March 13, 2018 • CLE • CLE On-Demand, Download
This CLE webinar will examine recent changes to the Office of the Comptroller Currency's (OCC) policies and procedures regarding bank enforcement actions and related matters as set forth in OCC Bulletin 2017-48 (Bulletin). The panel will discuss how the new procedural and substantive changes in the...
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Navigating New York's New Cybersecurity Regulations and Federal Guidance for Banks and Oth...
Complying With New York DFS Regulations, Avoiding Federal Enforcement Actions for Data Bre...
April 12, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will review the new cybersecurity regulations issued by the New York Department of Financial Services, including which institutions are regulated and the staffing, reporting and third-party monitoring requirements imposed under the state regulations. The panel will also discuss rece...
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New Special Purpose National Bank Charter for FinTech Companies: Evaluating the Benefits a...
Navigating the Supervisory, Financial and Operational Conditions Attached to the OCC's Ban...
March 16, 2017 • CLE • CLE On-Demand, Download
This CLE webinar will provide an overview of the OCC's proposal for special purpose national bank charters for FinTech companies and the potential regulatory pitfalls that potential applicants must consider. The program will address the OCC's chartering process and the supervisory, financial and ope...
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Secondary Loan Markets Post-Madden: Overcoming Restrictions in Future Loan Transactions an...
Strategies for Banks, Marketplace Lenders and Other Debt Purchasers to Effect Secondary Ma...
November 1, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide strategies for counsel to banks, marketplace lenders, loan buyers, securitizers and other secondary market participants on originating loans, structuring loan sales and defending interest rate and other claims to avoid the impact of the Madden decision, which limits int...
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Lender Risks of False Claims Act Liability After Sup. Court's Escobar Ruling Upholding Imp...
Defending Implied Certification Theory of FCA Claims in Litigation, Combating Statistical...
July 12, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance to banking and financial services litigators on the implied certification theory of False Claims Act (FCA) liability against lenders, and the impact of the Supreme Court's recent ruling in Universal Health Servs. v. U.S., ex rel. Escobar recognizing the theory....
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Cyber Threats to Banks and Financial Institutions: Regulatory Requirements and Bank Examin...
Leveraging FFIEC Cybersecurity Assessment, Navigating Board of Director Risks and Third-Pa...
April 5, 2016 • CLE • CLE On-Demand, Download
This CLE webinar will discuss regulatory developments in the wake of increasing cyber threats for financial institutions, including the FFIEC's Cybersecurity Assessment Tool. The program will look at how regulators assess cybersecurity and the recent increased focus on risk management by board of di...
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Bank Brokered Deposits: New FDIC Guidance on Identifying, Accepting and Reporting Deposits
Meeting FDIC Expectations and Reporting Requirements in an Era of Heightened Scrutiny
May 19, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with a review of the regulatory scheme for bank acceptance of brokered deposits in light of recent and existing FDIC guidance. In Jan. 2015, the FDIC released a Financial Institution Letter (FIL) providing guidance for depository institutions regarding its broke...
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RESPA Sec. 8 Enforcement: CFPB Scrutiny of Settlement Fees, AfBAs and Marketing Service Ag...
Best Practices for Mortgage Lenders, Insurers, Title Companies and Law Firms to Minimize E...
March 4, 2015 • CLE • CLE On-Demand, Download
This CLE webinar will discuss recent enforcement actions by the CFPB under Section 8 of RESPA, consent orders reached with mortgage settlement service providers, and lessons learned from the CFPB's actions. The panel will discuss the specific settlement practices targeted by the agency and best prac...
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Residential Mortgage Servicing and Foreclosure Challenges in an Evolving Regulatory and Li...
Navigating Foreclosure Re-Filings, Hearsay Objections, Post Servicing Transfers, Loss Miti...
December 16, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide best practices for lenders and their counsel in navigating the evolving regulatory and litigation environment regarding mortgage servicing transfers, loss mitigation and mortgage foreclosure litigation, as well as the challenges lenders and servicers face defending clai...
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Bank D&O Liability: FDIC Litigation Update
Leveraging Developments in Standards of Liability, Statute of Limitations and Adverse Domi...
October 9, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will discuss current litigation issues in FDIC vs. D&O cases, including insurance coverage issues under D&O policies, as well as the standard of liability for officers and directors, the statute of limitations and adverse domination, discovery, and ESI.
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FDIC and Other Banking Agency Litigation Against Auditors, Law Firms, Appraisers and Other...
Latest Developments in Defending Agency Claims and Maximizing E&O Insurance Coverage
August 7, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will provide banking counsel with a review of current theories behind claims against outside advisors and professionals to failed banks. The panel will outline common defenses for outside professionals and offer best practices for maximizing E&O insurance coverage.
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Bank Claims for Target-Type Breaches: Leveraging Litigation Theories, Assessing and Pleadi...
Recovering Losses Due to Third-Party Data Breaches and Response Planning to Protect Custom...
May 15, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will discuss current developments in bank claims against Target and other companies in connection with their data breaches affecting bank customers. The panel will discuss theories of liability for banks to recover from third parties, and the scope, assessment and pleading for damag...
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Mortgage and Consumer Lending: Defending Disparate Impact Claims Amid Aggressive Regulator...
Navigating HUD DI Rule, Conflicting Court Decisions, Impact on the Qualifying Mortgage Rul...
April 17, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the disparate impact (DI) theory of discriminatory lending in both mortgage and non-mortgage consumer lending, focusing on HUD's Disparate Impact Rule, recent enforcement efforts, potential risks to lenders complying with the new qualifying mortgage rules, and recent CF...
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Mortgage-Backed Securities Litigation: New Theories, New Defendants
Pursuing and Defending Investors, Issuers, Underwriters and Other Stakeholders in MBS Clai...
January 7, 2014 • CLE • CLE On-Demand, Download
This CLE webinar will update counsel on recent trends involving mortgage-backed securities (MBS) suits and outline approaches to prepare for the complexities involved in representing the various stakeholders.
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Contested Mortgage Foreclosure, MERS and Beyond: Latest Developments
Navigating MERS Challenges, Securitization, Loan Modifications, FDCPA, TILA and More
December 11, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will discuss trends and developments in residential mortgage claims, including challenges to MERS and securitization in contested foreclosures, HAMP and loan modification claims, and TILA claims, as well as the impact of the California Homeowner Bill of Rights and CFPB's expansion o...
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Minimizing UDAAP Risks for Consumer Financial Services
Lessons From CFPB Enforcement Actions and Other UDAP Litigation
August 13, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will review UDAAP standards and potential application to consumer financial services and products, analyze lessons learned from recent enforcement actions--particularly the aggressive action by the CFPB--and impart best practices for financial services companies to minimize UDAAP ri...
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LIBOR Manipulation Litigation: Latest Trends and Developments
Pursuing and Defending Individual and Class Action LIBOR-Related Actions
July 11, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the current LIBOR-related litigation landscape, theories of liability and defenses, other related litigation issues and trends, and the impact of regulatory investigations into alleged LIBOR manipulation.
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Financial Institution D&O Litigation: Parallel Proceedings
Representing D&Os Faced with Multiple Agency Proceedings, Private Civil Litigation, and Cr...
June 12, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel representing officers and directors of financial institutions with best practices for defending clients facing parallel investigations and civil or criminal litigation.
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FDIC Suits Against Outside Advisors to Failed Banks: Latest Developments
Defending Agency Claims Against Auditors, Law Firms and Other Professionals; Maximizing E&...
April 17, 2013 • CLE • CLE On-Demand, Download
This CLE webinar will provide banking counsel with a review of current theories behind claims against outside advisors and professionals to failed banks. The panel will outline common defenses for outside professionals and offer best practices for maximizing E&O insurance coverage.
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FDIC Receivership: Legal Considerations for Banks and Their Stakeholders
Dealing With the FDIC's Special Powers in Claims Processing and Litigation
December 6, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel involved in litigation with an FDIC receivership on the FDIC's special powers when acting as a receiver or conservator of a failed bank. The panel will examine the unique issues that arise in FDIC litigation and outline approaches for litigating on behalf of, or...
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Mortgage-Backed Securities Litigation: Latest Developments
Pursuing and Defending Investors, Issuers, Underwriters and Other Stakeholders in MBS Clai...
November 15, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will update counsel on recent trends involving residential and commercial mortgage-backed securities (MBS) suits and outline approaches to prepare for the complexities involved in representing the various stakeholders.
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Bank Executives Under Heightened Scrutiny by the FDIC
Defending FDIC Lawsuits and Agency Enforcement Actions and Maximizing D&O Insurance Covera...
October 9, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide attorneys with a review of liability theories in FDIC litigation and enforcement actions against bank executives. The panel will analyze D&O insurance coverage and offer best practices for defending directors and officers of failed institutions against FDIC suits and re...
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FDIC's Expanded Role in Bank Holding Company Insolvencies
Navigating the Complexities of Banking Regulators' Participation in the Bankruptcy Process
July 26, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with a review of the FDIC's role in BHC bankruptcies and the complex issues facing BHCs, their bank subsidiaries, and the boards and creditors of both. The program will also discuss the impact of the Orderly Liquidation Authority on BHC insolvencies.
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Defending Contested Mortgage Foreclosure Litigation
Overcoming Challenges to Lender Documentation, MERS and Other Standing Issues, and Borrowe...
June 6, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide best practices for lenders and their counsel in defending contested mortgage foreclosures, focusing on critical issues such as lender documentation, MERS and other standing issues, typical borrower defenses and counterclaims asserted.
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Shareholder Derivative Suits After Negative Say-On-Pay Votes
Litigating Executive Compensation Challenges and Minimizing Exposure to Lawsuits
April 18, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel with an overview of shareholder derivative litigation to date, various theories of liability put forth, defenses asserted and remedies sought. The panel will also discuss actions that compensation committees can take to minimize exposure to shareholder litigatio...
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Mortgage Fraud: New Litigation Threats
Asserting and Defending Claims by FDIC and Other Federal and State Agencies
January 19, 2012 • CLE • CLE On-Demand, Download
This CLE webinar will provide banking and financing counsel with a review of the latest trends and developments in mortgage fraud suits. The panel will discuss likely plaintiffs and targeted defendants, current and emerging theories of liability, key defenses, and red flags to detect or prevent mort...
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Wrongful Mortgage Foreclosure: Lender and Loan Servicer Strategies
Responding to Recent Litigation Trends, State AG Enforcement and Emerging Regulatory Initi...
July 19, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel for lenders and mortgage servicers with a review of recent developments in mortgage foreclosure litigation and enforcement, with guidance to reduce exposure to wrongful foreclosure claims, and best practices to respond to challenges to foreclosure practices.
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Fair Lending Laws: Evolving Regulatory and Litigation Landscape
Responding to the Latest Challenges in Fair Lending Enforcement
March 8, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will discuss the latest regulatory developments in fair lending laws as well as litigation and enforcement trends, and discuss strategies to maintain compliant fair lending programs amid evolving standards.
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Fiduciary Duties of Investment Advisors, Broker-Dealers and Fund Managers
Navigating Regulatory and Litigation Developments to Minimize Fiduciary Liability Claims
February 24, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide financial services counsel with an overview of the evolving nature of fiduciary duties in an era of financial reform. The panel will discuss regulatory and litigation trends and developments and outline risk management strategies to minimize fiduciary liability claims.
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FDIC-Assisted Asset Sales
Leveraging Opportunities and Minimizing Risks in FDIC Loss-Share Transactions
January 6, 2011 • CLE • CLE On-Demand, Download
This CLE webinar will provide practitioners with an in-depth review of the FDIC's current asset sale process, the parameters of loss-share agreements, and evolving FDIC strategies for disposing of assets. The panel will outline how bidders and buyers can avoid potential pitfalls in acquiring assets...
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Collateral-Based Financing Using Accounts Receivable and Inventory
Strategies for Lenders and Borrowers Crafting Commercial Loan and Security Agreements
December 16, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide attorneys to lenders and borrowers with an overview and discussion of critical provisions in loan and security agreements for ARIF financing. The panel will outline best practices for drafting loan documents that protect the rights and obligations of the lender and the...
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UDAP Litigation Against Financial Institutions: Emerging Theories and the Foreclosure Doc...
Defense Strategies for Individual, Class Action and State AG and FTC Enforcement Actions
November 30, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel to banks and financial institutions with an analysis of emerging trends in consumer protection litigation under state and federal UDAP statutes, including the recent state AG investigations and class actions over the foreclosure documentation crisis.
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Lender Liability for Wrongful Mortgage Foreclosure
Responding to Attorneys General Investigations and Minimizing Liability Risk
November 30, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance for mortgage servicers' counsel on strategies to reduce exposure to lender liability claims for wrongful foreclosure and outline best practices to respond to lender liability investigations and lawsuits.
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Overdraft Fee and Credit Card Practices: New Regulations and Litigation Trends
Minimizing Litigation Exposure and Preparing for Heightened Regulatory Scrutiny
November 2, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide counsel for financial institutions with an analysis of recent litigation and regulatory trends affecting overdraft fee and credit and gift card practices. The panel will discuss steps that institutions should take to achieve regulatory compliance and minimize litigation...
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Derivatives Oversight Under the Financial Reform Legislation
Preparing to Comply With the Sweeping Federal Regulation of the Derivatives Market
September 14, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will prepare attorneys who advise dealers and participants in the derivatives market to comply with the sweeping new regulatory oversight of derivative financial products under the new financial reform law.
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Bank Enforcement Actions: Trends and Developments for 2010
Negotiating and Complying With Enforcement Orders, Meeting Disclosure Requirements
May 20, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will prepare counsel to banks to defend or settle bank enforcement actions and meet disclosure requirements, while minimizing compliance burdens associated with the increasingly heightened government scrutiny.
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Debt Exchange Offers: Legal Strategies for Distressed Issuers
Navigating Complex Securities Laws When Restructuring Convertible Debt Securities
April 15, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will provide guidance on debt exchange offers for counsel to companies seeking to restructure their balance sheets and mitigate debt service requirements. The panel will examine current trends in the use of debt exchange offers, explain how exchange offers are being structured, and...
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Syndicated Loan Facilities With Lenders and Agents Facing Default
Minimizing Risks for Co-Lenders and Borrowers Through Credit Agreements and Post-Default R...
April 6, 2010 • CLE • CLE On-Demand, Download
This CLE webinar provide guidance to counsel for borrowers and co-lenders to respond to defaulting lenders or administrative agents. The panel will review remedies against a defaulting lender, drafting agreements to minimize risks, and the impact of bankruptcy and FDIC receivership on borrowers and...
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New SEC Custody Rules for Investment Advisers
Implementing Effective Compliance Policies and Procedures to Avoid SEC Penalties and Sanct...
March 25, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will analyze the SEC's new custody rules for investment advisers, discuss key compliance requirements, and provide best practices for developing effective compliance programs.
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New RESPA Regulations for Mortgage Finance: Are You Ready?
Complying With the Sweeping Changes in Real Estate Settlement Procedures
February 23, 2010 • CLE • CLE On-Demand, Download
This CLE webinar will examine the comprehensive new RESPA rules, essential implementation issues, and challenges/legal risks facing lenders, brokers and closing agents under these sweeping changes to RESPA.
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Financial Services and Fiduciary Duty Claims: Secondary Liability
Defending Against Aiding and Abetting Fraud or Breach of Duty Claims
December 22, 2009 • CLE • CLE On-Demand, Download
This CLE seminar will discuss the litigation trends in aiding and abetting claims against financial institutions, the parameters of secondary liability under federal and state securities laws, and provide best practices for financial institutions to avoid and defend against secondary liability claim...
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Bank Asset Acquisitions by Private Equity and Other Non-Bank Investors
Navigating Federal Regulations and Policies in Structuring Transactions
December 1, 2009 • CLE • CLE On-Demand, Download
This CLE seminar will analyze the legal challenges that private equity funds and other non-bank investors face when investing in financial institutions, recent changes in regulatory policy and asset sale programs, optimal investment deal structures, and best practices for dealing with the banking re...
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CARD Act: Navigating the Complex New Rules for Credit Card Lending
Meeting Regulatory Demands for Disclosure, Notice, Billing and Interest Rates
October 13, 2009 • CLE • CLE On-Demand, Download
This seminar will review the full spectrum of changes for credit card issuers under the newly passed CARD Act, which escalates and increases the new Federal Reserve regulations on credit card practices. The panel will outline best practices to comply for financial institutions and their counsel.
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Intercreditor Agreements in Second Lien Financing Transactions
Negotiating and Drafting Agreements to Minimize Lienholder Disputes
September 1, 2009 • CLE • CLE On-Demand, Download
This seminar will analyze current trends in negotiations and disputes between first and second lienholders, provide best practices for drafting key provisions of intercreditor agreements, and discuss the most recent draft of the ABA Model Intercreditor Agreement.
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Cuomo v. Clearing House: State Enforcement Against Federally Chartered Banks
Preparing for Limited Federal Preemption and Heightened State Consumer Protection Enforcem...
July 28, 2009 • CLE • CLE On-Demand, Download
This seminar will analyze the Supreme Court's ruling in Cuomo v. Clearing House and its impact on federally chartered financial institutions. The panel will outline best practices for banks and financial institutions to proceed under the new regime.
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Commercial Loan Guarantees Under Heightened Scrutiny
Strategies for Lenders and Guarantors in Drafting, Negotiating and Enforcing Guaranty Agre...
July 21, 2009 • CLE • CLE On-Demand, Download
This seminar will analyze key components of commercial loan guaranties and defenses to the enforceability of these agreements. The panel will outline best practice for both lenders and guarantors in structuring, drafting and negotiating guaranty agreements in connection with loan workouts and new lo...
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Financial Services Transactions: Increased Exposure Under FERA and False Claims Act
Ensuring Compliance to Withstand Aggressive Government Enforcement
July 15, 2009 • CLE • CLE On-Demand, Download
The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.
This seminar will examine current anti-fraud government enforcemen...
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