Clark Hill Attorney Joann Needleman Featured in Law360
New York Governor Andrew Cuomo has outlined a set of financial services policy priorities for the coming year that he says will bolster the state's consumer protection capabilities, an agenda that attorneys say underscores the state's aggressive regulatory reputation but doesn't strike out in unexpected directions. In a State of the State agenda which spans more than 300 pages, the New York governor called for legislative changes that would establish a state licensing and oversight regime for debt collectors and provide officials with enforcement authority under New York law to go after abusive conduct, paralleling authority possessed by the Consumer Financial Protection Bureau (CFPB).
Joann Needleman, member and leader of Clark Hill’s Consumer Financial Services Regulatory & Compliance group, was quoted in the article. She addressed the question of the difference it will make if state-law enforcement authority is expanded to include abusive conduct, which is complicated by the lack of an established, broadly agreed-upon definition for what constitutes abusiveness and how it differs from the other two unfair, deceptive, or abusive acts or practices (UDAAP) prongs, an issue the CFPB is currently grappling with.
"What is it about 'abusive' that you can't otherwise find in 'unfair' and 'deceptive'?" Needleman said. "It's just making the web that much bigger, but they have not necessarily justified why they need that term."
With this in mind, some attorneys see Cuomo's proposals as an extension of ongoing efforts to package and position New York as a leader in consumer financial protection rather than making fundamental changes to the state's financial regulatory landscape.
Read the full story and Needleman’s full commentary here.
Please note that a subscription may be required to view the full article.
About Clark Hill
Clark Hill is an international law firm with multidisciplinary practices that draw on its attorneys’ industry and policy knowledge, deeply held shared values, and global network of premier firms and advisors to provide innovative legal solutions and client service excellence worldwide.
As one of the largest law firms in the United States with more than 650 attorneys and professionals in 23 offices across the nation, as well as offices in Dublin and Mexico City, Clark Hill is everywhere its clients require high quality legal representation. Please visit the firm’s website at http://www.clarkhill.com or follow the firm on Twitter @ClarkHillLaw.
FAQs: Mandatory COVID-19 Vaccines and the Automotive & Manufacturing Industries
Join us for a presentation where we will share the considerations, implications, and answer your frequently asked questions surrounding the implementation of mandatory COVID-19 vaccines.
The Basics: A Quick, But Important, Primer on Handling Fidelity Bond Claims Webinar
As workplaces across America open up this summer, now is the perfect time for a tune up on handling fidelity bond claims. Join a team of Clark Hill fidelity attorneys who will provide an overview of fidelity, coverage, noteworthy cases reported during the pandemic, key coverages and strategies for navigating a wide variety of claims.
Tea & Tidbits: Benefits Strategies for Small Employers
June’s discussion will center around benefit strategies for start-ups or employers who are small and aren’t sure if they can offer benefits at all.