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HTMLNinth Circuit Rejects Challenge to Bonus Annuity
Eric A. Arnold, Tracey K. Ledbetter, Stephen E. Roth, Steuart H. Thomsen, Mary Jane Wilson-Bilik; Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 26, 2015, previously published on February 26, 2015
The U.S. Court of Appeals for the Ninth Circuit has affirmed summary judgment for the insurer in a putative RICO class action relating to a bonus indexed annuity. Rejecting the plaintiff’s claims, the court held that the insurer had adequately disclosed and accurately described certain...

 

HTMLU.S. Senate to Conduct Hearings Directly Affecting Community Banks and Credit Unions
Jon J. Lieberman; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on February 09, 2015
Senator Richard Shelby (R-AL), Chairman of the United States Senate Committee on Banking, Housing, and Urban Affairs, and Ranking Member Sherrod Brown (D-OH), will hold public hearings during the week of February 9, 2015 of great relevance to community banks and credit unions nationwide. The...

 

HTMLBad Checks: Know Your Options
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 05, 2015
From a business perspective, there's not much worse than believing you've resolved a troubled account, only to receive a notice of no sufficient funds ("NSF") from your bank after depositing payment. Suddenly, the account that you thought you resolved is a problem again. Additionally, you...

 

HTMLVacant and Abandoned: Can Creditors Discard Personal Property Following a Foreclosure in Ohio?
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on January 27, 2015
Personal property is often left by the prior owner or a tenant following a foreclosure. Sometimes it is difficult to determine whether the personal property has been abandoned. I am often asked what must be done with the personal property left behind once the creditor takes possession of an...

 

HTMLThe CFPB Changes the Rules...Again
Stephen Franks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
February 26, 2015, previously published on November 26, 2014
In an effort to level the playing field for consumers, the CFPB released a proposal for expanded foreclosure protections on November 20, 2014. The following are a summary of the topics the CFPB’s proposed rule changes cover:

 

HTMLCooperative Bank Makes Large Donation to the NRECA International Foundation
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 25, 2015, previously published on February 24, 2015
CoBank, a national cooperative bank, recently donated $250,000 to the National Rural Electric Cooperative (NRECA) International Foundation.

 

HTMLOFAC Issues Cuban Asset Control Regulations Focused on the U.S. Financial Sector
Curtis M. Dombek, J. Scott Maberry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on January 22, 2015
On January 15, 2015, the Department of Treasury’s Office of Foreign Assets Control (OFAC) amended the Cuban Assets Control Regulations to implement changes in U.S. policy toward Cuba announced by President Obama on December 17, 2014.

 

HTMLThe Importance of Consideration in Loan Guarantees
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on November 17, 2014
As do all contracts, the loan guaranty must be supported by consideration. "Consideration" is the benefit or the detriment to one or both parties that separates an enforceable contract from a mere casual agreement. Consideration is often recited in contracts, using some nominal amount,...

 

HTMLCalifornia Joins Maryland and Ohio in Addressing “Price Optimization”
Thomas W. Curvin, John S. Pruitt, Stephen E. Roth, Cynthia R. Shoss, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 23, 2015
The California Insurance Commissioner issued a notice on February 18, 2015 to more than 750 property and casualty insurers doing business in California, announcing that “any use of Price Optimization in the ratemaking/pricing process or in a rating plan is unfairly discriminatory in violation...

 

Adobe PDFCourt of Appeal for Ontario Upholds Reduction of Legal Fees in Insolvency Matter
Brett Kenworthy, Daanish Samadmoten; Aird & Berlis LLP;
Legal Alert/Article
February 20, 2015, previously published on December 17, 2014
On December 1, 2014, the Court of Appeal for Ontario (the “Court of Appeal”) released its decision, written for the Court of Appeal by Madam Justice Pepall, in Bank of Nova Scotia v. Diemer, 2014 ONCA 851 (“Diemer”). The Court of Appeal dismissed the court-appointed...

 


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