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HTMLRegulatory Review of In-Market Mergers
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
We have recently seen an increase in the number of conversations taking place between community banks located in the same market regarding whether it makes sense to pursue a merger. These conversations are being driven by various factors, including increasing compliance costs, lack of management...

 

HTMLSupreme Court Takes on Housing Discrimination
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
August 20, 2015, previously published on August 17, 2015
The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...

 

HTMLCMBS Loans: Borrower (and Bondholder) Beware
Adam H. Friedman; Olshan Frome Wolosky LLP;
Legal Alert/Article
August 18, 2015, previously published on August 2015
As discussed in our prior Client Alert, the CMBS loan structure is rife with complexity and potential for abuse. Generally speaking, upon default or imminent default, the Controlling Class of bondholders (or the Directing Certificate Holder), can appoint a Special Servicer to administer the...

 

HTMLPentagon Adopts Amendments of Military Lending Regulations
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
August 11, 2015, previously published on August 6, 2015
Concluding a process initiated by the Pentagon in 2012, on July 22, the Department of Defense ("DOD") published in the Federal Register amendments to its regulations implementing the Military Lending Act ("MLA"). Background information concerning the adoption of these amendments...

 

HTMLTexas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process
Bryan Mann Kotliar; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
Many companies that file for bankruptcy protection have liabilities that cannot be definitively quantified as of the bankruptcy petition date. Such “unmatured,” “contingent,” “unliquidated,” or “disputed” debts could arise from, among other things:...

 

HTMLFinancial Stability Board Delays Designation of Asset Managers as SIFIs
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 6, 2015, previously published on August 5, 2015
On July 30, the Financial Stability Board (FSB) announced its decision to delay finalizing assessment methodologies for non-bank non-insurer global systemically important financial institutions (“NBNI G-SIFIs”). Once finalized, these methodologies could result in the designation of...

 

HTMLNext Decade LLC Enlists Financial Advisor
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 6, 2015, previously published on August 5, 2015
Next Decade LLC announced that it has engaged Sumitomo Mitsui Banking Corporation (SMBC) as Financial Advisor and Mandated Lead Arranger for its proposed Rio Grande LNG export terminal in Brownsville, Texas. According to the press release, SMBC, which has extensive experience in financing LNG...

 

HTMLRapid Growth in Online Lending Prompts Information Request from U.S. Treasury
Lisa M. Ledbetter, Ralph F. MacDonald; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July 2015
The U.S. Treasury Department (the "Treasury") has issued a Request for Information ("RFI") on online marketplace lending, including peer-to-peer lending ("Online Lending") in the U.S. 80 F.R. 42866-68 (July 20, 2015).

 

HTMLContinued UDAP/UDAAP Warnings
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
August 4, 2015, previously published on July 30, 2015
Many banks provide identity theft and credit monitoring products as add-ons to other consumer financial products such as credit cards or deposit accounts. Recent consent orders between the Consumer Financial Protection Bureau ("CFPB") and financial institutions or their third party...

 

HTMLUCITS - ESMA Developing a Common Understanding on Share Classes
Kurt Hyzler; CSB Advocates;
Legal Alert/Article
August 3, 2015, previously published by http://www.csb-advocates.com/ucits-esma-common-understanding-share-classes
On the 23rd of December 2014 the European Securities and Markets Authority ("ESMA") published a discussion paper on share classes of UCITS Funds with a view to developing a common understanding of what constitutes a share class of a UCITS Fund.

 


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