Legal Blog

Compensation and Compliance Matters: Don’t Oversimplify MSA Compliance Issues

I have heard many in the industry make the comment that marketing agreements are illegal. With all due respect, as is often the case with blanket, absolute, oversimplified statements, that is simply wrong. The reality is that marketing agreements can be and often are perfectly legal. If negotiated, implemented, audited, and maintained correctly, marketing agreements are explicitly permissible. Of course, if MSAs are created for the purpose of circumventing the Real Estate Settlement Procedures Act’s Section 8 kickback laws, then of course they violate the law much as any other sham transaction. Click here to read the entire article on National Mortgage News.     akaren@offitkurman.com  | 240.507.1740 Bank Manager ReimbursementsAri Karen is an experienced litigator and speaker who has focused his practice in representing financial institutions in both government investigations and litigation before state and federal trial and appellate courts nationwide. Mr. Karen’s practice is diverse, representing clients on matters concerning banking regulations, Dodd Frank financial reform laws, contractual disputes, employment and labor statutes, wage-hour class actions, employment discrimination and fair lending matters, whistleblower complaints and non-competition claims, among others. You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn. WASHINGTON | BALTIMORE | FREDERICK | PHILADELPHIA | WILMINGTON | VIRGINIA