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Adobe PDFFINRA's Projected 2015 Fines: Not Keeping Pace With 2014’s Total, But Still a Blockbuster Year
Peter J. Anderson, Eric A. Arnold, Bruce M. Bettigole, Patricia A. Gorham, Olga Greenberg; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 22, 2015, previously published on September 21, 2015
Despite a slowdown in the fines reported in 2015, the Financial Industry Regulatory Authority (FINRA) has continued to flex its enforcement muscle so far this year. During the first half of 2015, FINRA reported $37.5 million in fines in its monthly Disciplinary and Other FINRA Actions publications...


HTMLLender Held to Hold Unperfected Lien on Payment Right Under Borrower's Business Interruption Insurance Policy
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
September 14, 2015, previously published on September 2015
In Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd), --F3d--, 2015 WL 4934212 (1st Cir. August 19, 2015), a case of first impression at the appellate level, the US Court of Appeals for the First Circuit, applying Maine law, held that a lender’s...


HTMLAttention Banks and Thrifts: Use Caution Retaining Vendors To Investigate Matters Requiring Attention
Molly Z. Brown; McDonald Hopkins LLC;
Legal Alert/Article
September 14, 2015, previously published on September 11, 2015
At least every 12-18 months, federal and state banking regulators conduct an examination of the financial institutions under their jurisdiction to ensure that they are operating in a safe and sound manner and providing fair access to credit. If an examination reveals that practices deviate from...


HTMLProposed Rule Filed Applying "Gifts" Rule to Municipal Advisors
J. Andrew Gipson; Jones Walker LLP;
Legal Alert/Article
September 11, 2015, previously published on September 10, 2015
On September 2, the Municipal Securities Rulemaking Board ("MSRB") filed a proposed rule change with the Securities and Exchange Commission that would apply to municipal advisors limitations on business-related gift giving currently applicable to other municipal securities professionals...


HTMLProposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 1, 2015
Senator Ron Wyden (D-OR) has released legislation, the Offshore Reinsurance Tax Fairness Act (ORTFA), which aims to close what he perceives to be a loophole used to exploit an exception to the passive foreign investment company or PFIC tax rules.


HTMLComing Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market Infrastructure Regulation (EMIR) (the EU IRS Clearing Rules). The EU IRS Clearing Rules are subject to approval by...


HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...


HTMLEleventh Circuit: Enhanced TILA Disclosure and Remedies Not Applicable to UCC Article 9 Fixture Filers, As No Security Interest Created in Consumers’ Homes
Murray B. Silverstein, Jonathan S. Tannen; Greenberg Traurig, LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
The Eleventh Circuit recently ruled that fixture filings do not expose lenders to the enhanced disclosure requirements or remedies of the federal Truth in Lending Act (TILA), holding that a security interest in goods-even if the goods are deemed fixtures-does not extend to consumers’ homes.


HTMLMixed Result on FDIC Appeal Of Failed-Bank D&O Claims
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
A federal appellate court last week delivered a mixed result to the FDIC in deciding the agency's appeal of trial-court judgments that had been entered in favor of defendant directors and officers of a failed North Carolina bank.


HTMLThe Second Circuit Denies Midland’s Request For Rehearing On Its Decision That Upended Longstanding Principles of Lending Law
Nathan Bull, Scott A. Cammarn; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
On August 12, 2015, the United States Court of Appeals for the Second Circuit denied Midland Funding, LLC and Midland Credit Management (collectively, “Midland”)’s petition for panel rehearing, or, in the alternative, rehearing en banc, of the Second Circuit’s recent...


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