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Research & Compliance     

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Research & Compliance

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When technical challenges or complex situations arise at your credit union, turn to the Leagues’ Research & Information (R&I) Department. Our mission is to provide technical, compliance, operational, economic, and regulatory information in an understandable and easily accessible way.
     
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A resource for credit unions in CA & NV, providing credit union financial and economic trend analysis, brought to you by your Leagues in partnership with CUNA & Affiliates.

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TIPs Bulletins
The Technical Information Procedure (TIPs) bulletins are great tools to help credit union staff understand recent changes in laws and regulations and how they may affect the credit union. TIPs bulletins address current mandatory compliance issues and changes to federal and state regulations. Continue for complete list of current TIPs Bulletins
September 5, 2014
TIPs Bulletin #14-17 CFPB Publishes 2015 HOEPA and CARD Act Adjustments
   
August 8, 2014
TIPs Bulletin #14-16 CA Local Agency Deposits Weekly Reports Can Be Submitted Electronically
   
August 8, 2014
TIPs Bulletin #14-15 MasterCard Revised Standards – Limitation of Liability of Cardholders for Unauthorized Use (“Zero Liability”)
   
 
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Shared Compliance Services
CURoots offers a variety of services to help you keep pace with ever-changing regulatory compliance while you focus on day-to-day credit union business.

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CURoots can help your credit union identify potential issues, assess risk, and save valuable time and resources by providing expert assistance for your auditing needs.


From the Editors of CU Weekly

INDEMNIFICATION CLAUSES: IMPORTANT?
updated 04/05/13 08:41 PM
Limit Your CU's Liability
It has become increasingly common to learn of credit unions being targeted with patent infringement lawsuits.

Whether the lawsuit is by an opportunistic patent holder merely seeking a quick buck (such as patent trolls) or the lawsuit is based on legitimate infringement of a patent, such lawsuits represent a significant threat to any defendant. Patent suits are, by nature, extremely expensive and time consuming.

When the focus of the patent infringement is within a product or service provided to or on behalf of a credit union by a vendor, protecting the credit union from these and other types of lawsuits often depends on a properly drafted indemnification clause.

Recommendations
A credit union should obtain a copy of the proposed contract at the beginning of the due diligence/negotiation process as opposed to waiting until the business terms are agreed upon. Attorneys stress that contract terms are as equally important as the business terms and should be negotiated in unison.

A credit union should also inform vendors from the onset of the negotiation process that it expects the vendor to "stand behind" its product and/or service. This means the credit union should demand indemnification from the vendor (or its agents, employees, subcontractors) not only for patent infringement, but also copyright and trademark infringement.

Furthermore, the credit union should demand indemnification against claims made by any third party which arises due to the vendor's (or its agents, employees, subcontractors) breach of the contract, negligence, and/or willful misconduct.

Elements of a Good Clause
The key to a good, properly drafted indemnification clause is to:

  • List all types of claims covered (patent infringement, etc.).
  • Include a specific obligation on the vendor’s part to defend all third-party claims arising from those claims covered. This is important to immediately shift the burden of defense from the credit union to the vendor. Without a specific obligation to defend, the vendor has no duty to provide a defense, and the credit union’s recourse would be to fight the claim and then seek reimbursement from the vendor.
  • Provide for approval of the vendor's defense team (attorney) with a right to remain apprised of all activity, and have a say in the settlement of any claim.

Limitation of Liability
Care must be taken if the contract has a limitation of liability section. Without a "carve out" for indemnification obligations, a vendor's maximum indemnification obligation would be up to the limitation negotiated.

This could leave the credit union liable to the third-party claimants for all amounts in excess of the limitation, even though the credit union had nothing to do with the issue under which the claim was made.

Therefore, limitation of liability sections are equally important to review and negotiate, as are indemnification clauses.

A Reminder
Recent lawsuits serve as a reminder to credit unions of the importance of having contracts reviewed by an attorney, not only for proper indemnification clauses, but to help limit credit union liability.

 
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2Q CU PERFORMANCE REPORTS PUBLISHED
updated 09/18/14 12:29 PM
California and Nevada Snapshot
The second-quarter 2014 Credit Union Quarterly Performance Reports for California and Nevada have been published by the California and Nevada Credit Union Leagues.

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FinCEN ISSUES TRAFFICKING ADVISORY
updated 09/12/14 01:36 PM
Third Disclosure Webinar Announced
The Financial Crimes Enforcement Network (FinCEN) has issued an advisory to financial institutions on recognizing “red flags” that may indicate financial activity related to human smuggling or human trafficking.

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D.J.'s Economix
Leagues Chief Economist Dwight Johnston continually provides economic and market analysis that is both informative and entertaining. Continue for daily and monthly commentary, rate forecasts, and economic updates.
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The Leagues write letters in response to proposed legislation and regulations that affect your credit union’s ability to serve members.