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• Banking and Financial Institutions Regulatory Law ( June 2005 )
  James R Christie and Ian J Binnie of Blake, Cassels & Graydon LLP

  This past year has been a comparatively quiet period for developments in the regulation of Canada's financial services sector. So it seems appropriate to take a retrospective look at two quite different regulatory stories from the past few years—the fate of bank mergers and the emergence of the Financial Consumer Agency of Canada (the "FCAC") as an important consumer protection body.

• Developments in Canadian Asset Securitization ( June 2005 )
  Marc J. MacMullin and F Gordon Thompson of McCarthy Tetrault

  The Canadian securitization market has continued to mature in 2004. Evidence of the further development of the market included a number of new entrants into the marketplace as well as a couple of firsts from a transaction standpoint.

• The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct ( February 2004 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors.

• Employers Bound by FTC's New Consumer Information Disposal Rule ( June 2005 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  On June 1, the Federal Trade Commission's (FTC) new rule regarding disposal of personally identifying consumer information took effect. This rule was implemented as part of the Fair and Accurate Credit Transactions Act of 2003 to help combat consumer fraud and identity theft by prohibiting the improper disposal of consumer information. The rule applies to every company, regardless of industry or size, that obtains personally identifying consumer information derived from a credit report.

• New FTC Regulations On Proper Destruction of "Consumer Information": Steps Employers Need to Take to Comply ( August 2005 )
  Philip L. Gordon and Cathy S. Beyda of Littler Mendelson, P.C.

  Effective June 1, 2005, the new regulations require employers to take reasonable steps to prevent unauthorized use of and access to consumer information during disposal of such information.

• New Federal Regulation On Method Of Destruction Of Certain Employment Records ( June 2005 )
  Michael  Aldana of Quarles & Brady LLP

  As part of the federal government's fight against indentity theft, effective June 1, 2005, employers who discard certain information about employees will be required to make efforts to ensure that those records are actually destroyed. Under changes to the Fair Credit Reporting Act, employers and other entities that possess consumer report information for a business purpose must take reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.

• Recent Amendments to the Fair Credit Reporting Act Make It Easier for Employers to Investigate Employee Misconduct ( July 2004 )
  Teresa L. Clark of

  On December 4, 2000, President Bush signed into law the Fair and Accurate Credit Transactions Act, a law which amends the Fair Credit Reporting Act. Although most of the provisions of the new law address credit and identify theft issues, Section 611 exempts investigations of suspected employee misconduct from FCRA's onerous reporting and disclosure provisions and makes it easier for employers to investigate workplace misconduct. This provision will become effective March 31, 2004.

• New California Marketing Laws and How They May Impact Your Business ( May 2004 )
  Justine Young Gottshall of Wildman, Harrold, Allen & Dixon LLP

  Two California laws are scheduled to take effect in the coming months, one on July 1, 2004 and one on January 1, 2005, that may significantly impact your business, even if your business is not based in California. These laws govern marketing activity and the collection of information from California residents.

• Workplace Misconduct Investigations Now Excluded from the Fair Credit Reporting Act ( March 2004 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  President Bush recently signed into law the Fair and Accurate Credit Transactions Act (FACTA), which reauthorizes the Fair Credit and Reporting Act (FCRA) and eliminates third-party misconduct investigations from the FCRA's coverage. Employers will now be free to use outside experts to investigate employees without the employee's advance knowledge or consent.