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HTMLDelaware Supreme Court Rules Mistakenly Filed UCC Termination Statement Is Effective in $1.5 Billion Secured Loan Transaction
Charles Tabb, Mark J. Wolfson; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
Lenders need to exercise great caution when filing a UCC-3 termination statement. They must make sure that the list of security interests terminated is accurate and that the statement does not mistakenly include other, unrelated loans and security interests. A recent ruling by the Delaware Supreme...

 

HTMLComments on Financial Stability Board Proposal For Cooperation, Information-Sharing With Non-Crisis Management Group Host Authorities Due December 1, 2014
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
October 28, 2014, previously published on October 21, 2014
On October 17, 2014, the Financial Stability Board ("FSB") issued draft guidance for public comment on cooperation and information-sharing with host authorities of jurisdictions not represented on crisis management groups ("CMGs") where a global systemically important financial...

 

Adobe PDFQuebec’s c Act is Constitutionally Applicable to Banks
Daniel Everall; Aird Berlis LLP;
Legal Alert/Article
October 28, 2014, previously published on October 1, 2014
On September 9, 2014, the Supreme Court of Canada (the “Court”) issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act (“CPA”) fee disclosure rules to credit card agreements. In Bank of Montreal v Marcotte, Amex Bank of Canada v...

 

HTMLEU Disclosure Requirements for Structured Finance Instruments
John Ahern, Neil J. Hamilton, Ulf Kreppel, Drew Salvest, Michelle Taylor; Jones Day;
Legal Alert/Article
October 23, 2014, previously published on October 2014
The European Commission has adopted a final regulation that sets out wide-ranging disclosure requirements for structured finance instruments ("SFIs") in circumstances where the issuer, originator or sponsor is established in the European Union ("EU").

 

HTMLViews from the Footprint - Banking, Collateral, Default and Foreclosure Question
Angela D. Herdman, Nathaniel C. Hunter, Travis A. Knobbe, Victoria D. Summerfield; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 22, 2014, previously published on October 7, 2014
In this issue of Community Banking Excellence, we pose a question to Spilman’s banking law professionals throughout the firm’s geographical footprint, focusing on Virginia, Pennsylvania, North Carolina and West Virginia. The answers vary based on individual state laws.

 

HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...

 

HTMLCanadian Back-to-Back Loan Proposals
Nigel P.J. Johnston, Gabrielle M.R. Richards; McCarthy Tétrault LLP;
Legal Alert/Article
October 22, 2014, previously published on October 15, 2014
The 2014 federal budget included measures (Budget Measures) intended to eliminate the use of back-to-back loans to avoid the thin capitalization rules and/or withholding tax on interest paid to non-arm’s length non-residents so as to protect the Canadian tax base from erosion by limiting the...

 

HTMLWest Virginia Modifies As-Extracted Collateral Filing Requirements
Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
Legal Alert/Article
October 22, 2014
A new law passed by the West Virginia legislature and signed by the governor on April 1, 2014, clarifies that a secured party's lien on as-extracted collateral will last as long as a deed of trust, filed as a financing statement covering as-extracted collateral, remains enforceable. The new law,...

 

Adobe PDFTo Stay or Not to Stay...
Katie L. Becker; Banner & Witcoff, Ltd.;
Legal Alert/Article
October 22, 2014, previously published on October 10, 2014
The Federal Circuit recently decided its second case on the issue of staying a district court patent infringement litigation pending Covered Business Method (CBM) review. In Benefit Funding Systems v. Advance America Cash, Case No. 2014-1122 (Fed Cir. Sept. 25, 2014), the Federal Circuit affirmed...

 

HTMLDerivatives Sound Practices - Draft Guideline Released for Federally - Regulated Financial Institutions in Canada
Carol E. Derk, Sienne Lam; Borden Ladner Gervais LLP;
Legal Alert/Article
October 21, 2014, previously published on October 9, 2014
On October 1, 2014, the Office of the Superintendent of Financial Institutions (OSFI) released draft Guideline B-7 Derivatives Sound Practices (Guideline). The Guideline applies to federally-regulated financial institutions (FRFIs). OSFI first set out its expectations for FRFIs regarding their...

 


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