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HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a...

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...

 

HTMLArgentina—The Long-Running Dispute over the Payment of Argentina’s Sovereign Debt Has Been Particularly Active in Recent Weeks and Months.
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 15, 2014, previously published on September/October 2014
On June 30, 2014, Latin America’s third-largest economy failed to make a scheduled $539 million payment to bondholders after U.S. District Court judge Thomas Griesa ruled that the payment could not be made unless holdout bondholders from restructurings in 2005 and 2010 were also paid. Under...

 

HTMLMassachusetts Treasurer Demands National Mutual Fund Records in Multistate Unclaimed Property Audit
Sutherland Asbill Brennan LLP;
Legal Alert/Article
October 14, 2014, previously published on October 8, 2014
Late this summer, the Massachusetts Treasurer demanded mutual fund records on a nationwide basis as part of a multistate unclaimed property audit. Thirty-five (35) states are involved in the audit, but the Treasurer has sought records pertaining to all fifty (50) states.

 

HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
October 13, 2014, previously published on September 24, 2014
On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...

 

HTMLLenders Beware: the Nevada Supreme Court Holds That Foreclosures of Homeowners’ Association Liens May Extinguish First Priority Deeds of Trust
Bob L. Olson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 26, 2014
Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”).

 

Adobe PDFCross-Border Recognition of Resolution Actions: Financial Stability Board’s Consultative Document Regarding Cross-Border Recognition of Resolution Actions Represents an Important Step Towards Removal of Impediments to Resolution
Sullivan Cromwell LLP;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
On September 29, 2014, the Financial Stability Board (the “FSB”) published a consultative document concerning cross-border recognition of resolution actions and the removal of impediments to the resolution of globally active, systemically important financial institutions (the...

 

HTMLDisaster Recovery and Preparedness: Does Your Credit Union have a Plan?
Matthew D. Urban; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
Each day there are news reports of natural or man made disasters that impact hundreds, if not thousands, of lives and businesses in the areas where the event is occurring. Whether it is a headline grabbing event like a hurricane or a localized event such as a flash flood, any event that impacts...

 

HTMLHolding Guardianship Accounts: Best Practices
John B. C. Porter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
I don't know if it's the result of our aging population (fueled by the Baby Boomer generation), but it seems credit unions are increasingly being presented with guardianship papers and asked to convert existing accounts into guardianship accounts. As the number of calls and questions I have...

 

HTMLCredit Unions' Responsibility to Reasonably Investigate Disputes under the Fair Credit Reporting Act
Matthew M. Young; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 26, 2014
While the Fair Credit Reporting Act (FCRA) is many decades old, originally passed in 1970, credit unions should give renewed focus to the Act to ensure its compliance. Under the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) was provided authority to enforce the terms of the FCRA....

 


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