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HTMLIs Your Baby Your Buyer’s Collateral?
Michael J. Mozes; Foley & Lardner LLP;
Legal Alert/Article
September 9, 2014, previously published on September 4, 2014
Even before dealing with the intricacies of nondisclosure agreements, employment offer letters, stock restriction agreements, and incentive plans, it is not unusual for founders to have already dreamt of an IPO or sale event. In fact, it is crucial for founders to consider when and how to make that...

 

HTMLUS Banking Regulators Adopt Final Rule to Impose Liquidity Coverage Ratio on Large US Banking Institutions
Scott A. Anenberg, J. Paul Forrester, Carol A. Hitselberger; Mayer Brown LLP;
Legal Alert/Article
September 9, 2014, previously published on September 5, 2014
The Board of Governors of the Federal Reserve System (FRB), the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC—and, together with the FRB and FDIC, Agencies), have each adopted a final rule (the Final Rule) to impose a quantitative...

 

HTMLThe Crucial Distinction Between Carrots and Sticks: Incentives and Penalties in the Interpretation of the Interest Act
Timothy Froese; McCarthy Tétrault LLP;
Legal Alert/Article
September 9, 2014, previously published on September 3, 2014
Do incentives for prompt payment in a mortgage, which would be lost on default, run afoul of the prohibition against penalties for non-performance contained in s.8 of the Interest Act? The Alberta Court of Appeal recently split over this question, with the majority saying no. This case could affect...

 

Adobe PDFSummary of Prudential Regulators’ Re-Proposed Margin Rules
Steven Lofchie, Nihal S. Patel, Jeffrey L. Robins; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 8, 2014, previously published on September 4, 2014
On September 3, the Board of Governors of the Federal Reserve System (“Board”), the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Farm Credit Administration and the Federal Housing Finance Agency (collectively, the “Prudential...

 

HTMLCFPB Announces New Senior Management and Advisory Board and Council Members
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 5, 2014, previously published on September 3, 2014
The CFPB also announced the appointment of new consumer finance experts from outside the federal government to the CFPB's Consumer Advisory Board, Community Bank Advisory Council and Credit Union Advisory Council. The Consumer Advisory Board is charged with advising and consulting the CFPB's...

 

HTMLGains and Losses on Equity Holdings May Be Marked at Fair Value and Included in Net Income
Peter J. Rivas; Jones Walker LLP;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
On July 30, 2014, the Financial Accounting Standards Board ("FASB") voted five to two to require publicly traded companies to fair value most gains and losses on equity securities and include such gains and losses in net income. However, the FASB made an exception for equity holdings that...

 

HTMLStructured Finance Alert: SEC Adopts Final Regulation AB II Rules
Andrew M. Faulkner, Richard F. Kadlick, David H. Midvidy, James S. Stringfellow, Eva N. Valik; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
September 4, 2014, previously published on August 29, 2014
On August 27, 2014, the Securities and Exchange Commission ("SEC") adopted final rules ("ABS Final Rules") that significantly revise the existing regulations that govern disclosure requirements, offering processes and periodic reporting for asset-backed securities (commonly...

 

HTMLSEC Adopts Regulation AB II
Cheryl D. Barnes, Joseph W. Beach, David Burkholder, Michael S. Gambro, Anna H. Glick; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
Yesterday morning the Securities and Exchange Commission in an open meeting voted to adopt long-awaited final rules (the "Final Rules") implementing a series of changes to the registration and offering process for asset-backed securities (“ABS”) and expanded disclosure and...

 

Adobe PDFNew York State Department of Financial Services Proposes Comprehensive Bitcoin Regulations
Robert W. Gaffey, Harold K. Gordon, Henry Klehm, Howard F. Sidman, Jayant W. Tambe; Jones Day;
Legal Alert/Article
September 2, 2014, previously published on August 2014
The New York State Department of Financial Services ("DFS") recently became the first state regulator to propose a regulatory framework for the bitcoin virtual currency industry. DFS posted its "Regulation of the Conduct of Virtual Currency Business" on its website, as well as...

 

HTMLCourt Finds Settlement Obligations to Pay Mortgagor Are Not Discharged By Sending Co-Payable Check to Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Thursday, in Viewpoint Bank v. Allied Property and Cas. Ins. Co., 2014 WL 3867810 (Tex.App.-Dallas August 7, 2014), the Dallas Court of Appeals examined the insurer’s duty to pay a mortgage company in relation to the settlement of an insurance claim arising out of Hurricane Ike. Allied...

 


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