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HTMLSpinach for the Strong Arm Power
G. Ray Warner; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 20, 2015
In a little-noticed November opinion, the Seventh Circuit greatly expanded the ability of a bankruptcy trustee to avoid a security interest for documentation errors under section 544(a)(1) of the Bankruptcy Code. See State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014).

 

HTMLDraft Federal P&C Insurer Demutualization Regulations Issued
Ana Badour, Nancy J. Carroll, Frédéric Cotnoir; McCarthy Tétrault LLP;
Legal Alert/Article
March 26, 2015, previously published on March 18, 2015
On February 28, 2015, the Department of Finance issued draft regulations under the Insurance Companies Act (Canada) providing the process to enable federally regulated mutual property and casualty insurance companies (Mutual P&Cs) to demutualize. Demutualization is the process of converting a...

 

HTMLAnti-Money Laundering Remains at Forefront of Compliance in Nevada Gaming Industry
Jennifer Roberts; Duane Morris LLP;
Legal Alert/Article
March 25, 2015, previously published on February 27, 2015
There is a lot of talk in the Nevada gaming industry about anti-money laundering efforts. In 1970, Congress passed the Bank Secrecy Act, which required banks to report large cash transactions in order to help find drug trafficking and tax evaders. The Bank Secrecy Act is enforced by FinCEN, the...

 

HTMLLawyer in Vietnam Oliver Massmann Transformation of the Financial Market Management
Oliver Massmann; Duane Morris Vietnam LLC;
Legal Alert/Article
March 25, 2015, previously published on February 24, 2015
Vietnam is one of the most dynamic markets of Asia. Since the financial institutions and authorities are a part of the general economic system, they are not only strongly involved in the changes, but also have a more solid financial basis for the competitiveness of the country. The financial sector...

 

HTMLCFPB Increases Scrutiny With Respect to Mortgage Loan Advertising Practices
Jack J. Lah; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 24, 2015, previously published on March 3, 2015
The Consumer Financial Protection Bureau ("CFPB") has been quite active over the past thirty days. The CFPB has, as of late, increased its scrutiny with respect to mortgage loan advertising practices, alleged kickbacks and reverse mortgages.

 

HTMLDirector McRaith Outlines FIO’s Cybersecurity Objectives
Sutherland Asbill Brennan LLP;
Legal Alert/Article
March 24, 2015, previously published on March 23, 2015
On March 17, Federal Insurance Office (FIO) Director Michael McRaith outlined FIO’s main cybersecurity objectives for the insurance industry at Networks Financial Institute’s 11th Annual Insurance Public Policy Summit in Washington, D.C.

 

HTMLSecure Your Rights in the New, More Secure ".BANK" Domain Registry
Micah J. Fincher, A. Justin Ourso; Jones Walker LLP;
Legal Alert/Article
March 24, 2015, previously published on March 19, 2015
Soon banks and savings associations may apply for a ".bank" domain name. Top-level domains are the suffix that comes at the end of an internet address, such as ".com" or ".edu".

 

HTMLCybersecurity: Mitigating the Legal Risks of On-Line Banking With Business Customers
J.P. McGuire Boyd, Robert Dean Perrow; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 20, 2015
On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial institutions and their business customers is unauthorized transfers...

 

HTMLIt’s a Bird, It’s a Plane, It’s...Super Priority! A Brief Primer on Purchase Money Security Interests
Jamie Watkins Bruno; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
A “purchase-money security interest” (or “PMSI”) is a security interest securing a “purchase-money obligation”, or an obligation incurred by a debtor to buy collateral (known as “purchase-money collateral”). Such obligation can be in the form of...

 

HTMLManaging Risks in Vendor Relationships
Alan B. Clark; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
For years, banks have relied on third party vendors to provide specialized products or services, or have used outsourcing as a way to reduce internal operating costs. In the wake of the financial crisis, however, regulators have become increasingly concerned about the risks associated with such...

 


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