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Bankruptcy Update: Repos & Safe Harbor
Jonathan T. Edwards,Karen Gelernt,David A. Wender, March 21, 2013
Few courts have construed the meaning of “repurchase agreement” as used in the Bankruptcy Code, so the recent HomeBanc case out of the United States Bankruptcy Court for the District of Delaware is a must-read for “repo” counterparties. The principal issue in HomeBanc was...

Final FATCA Regulations Are Finally Here
James E. Croker,Clay A. Littlefield,Heather Ripley,Edward Tanenbaum, February 18, 2013
On January 17, 2013, the U.S. Treasury and the IRS issued long-awaited final regulations under the Foreign Account Tax Compliance Act (FATCA) provisions in Code Sections 1471 to 1474 (also known as “Chapter 4”). Enacted as part of the Hiring Incentives to Restore Employment Act of 2010,...

RMBS “Put-Back” Litigation: Is the Assured Guaranty Decision a Game-Changer?
John P. Doherty,Frank A. Hirsch, February 12, 2013
Based on a recent bellwether federal court decision, plaintiffs in mortgage loan put-back litigations may now have a roadmap to establish pool-wide representation and warranty breach claims in a streamlined manner through the use of statistical sampling. While the process will be lengthy and will...

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