Yearly Archive: 2017

Proposed OCC Fintech Charter

As an update, the Office of the Comptroller of Currency (“OCC”) had proposed a special purpose charter process (“fintech Charter”) for “fintech” or nonbank lenders in 2016.   While fintech lenders were evaluating this licensing opportunity, lawsuits were filed, including one filed by the New York Department of Financial Services (“NYDFS”).  The complaint alleged, certain […]

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Abusive Conduct and Sexual Harassment Training For Bank Supervisory Employees

I have been getting calls about sexual harassment training so I thought I would post a short reminder of the statutes and requirements in California.  California Government Code Section 12950.1 requires that employers train all supervisory employees in sexual harassment and abusive conduct prevention every two (2) years.  If an employee is promoted to a […]

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Recruiting and Nurturing Talent and the High-Expertise Women

Lately, there has been a vocal conversation about women’s’ workplace issues, including, but not limited to, sexual harassment, equality in compensation, work-life balance and advancement in the leadership structure.  Large law firm practice is still difficult for women, especially when they are raising families, as the traditional financial and leadership models make it difficult for […]

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LLC Change for California Business Owners and Bankers

LLCs now can file their Statements of Information online with the California Secretary of State.   You can also request to  a pdf copy of the filed Statement of Information by email.   Effective January 1, 2018, California Corporations Code Section 2000(a)  will provide that it is acceptable that the “contrary provision in the articles” be […]

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Paying Your Credit Card By Phone; What Are The Fees?

A compliance bulletin discussing fees charged to consumers to pay-by-phone (“Bulletin dated July 31, 2017”) was published by  The Consumer Financial Protection Bureau (the “CFPB”),    The CFPB stated that these fees may amount to unfair, deceptive or abusive acts or practices known as “UDAAP”.  UDAAP practices are prohibited by federal law under 12 USC 5531 […]

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CFPB Final Rule Prohibiting Class Action Waivers in Arbitration Clauses

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a final rule prohibiting class action waivers in predispute arbitration clauses contained in covered consumer financial services agreements. The four primary provisions of the final rule are as follows: Under the final rule, a “predispute arbitration agreement” is defined as: “an agreement between a […]

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