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HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
September 25, 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...

 

HTMLCFPB Issues Proposed Rule for Larger Participants in the Nonbank Auto Lending Market
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 18th, the CFPB issued a long-awaited proposed rule to define larger participants in the nonbank auto lending market. Once effective, the rule will give the CFPB power to supervise this group of financial institutions. The rule would define “larger participants” in the...

 

HTMLHouse Passes Bill Modifying Points and Fees Determination for Qualified Mortgages
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 16th, by a margin of 327-97, the U.S. House of Representatives passed a consolidated bill, the “Insurance Capital Standards Clarification Act of 2014” (H.R. 5461), that would make adjustments to various provisions of the Dodd-Frank Act. The vote was taken under a procedure...

 

HTMLEdgeworth: Commercial Reasonableness in Receivership Proceedings
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...

 

HTML“Totality of the Circumstances” Standard Used to Sanction Mortgagee for Lack of “Good Faith” Negotiation in Foreclosure Matter
Edward W. Chang, Francis X. Crowley, Margaret Anne Hill, Kevin C. Rakowski; Blank Rome LLP;
Legal Alert/Article
September 24, 2014, previously published on September 2014
Action Item: While engaged in court-ordered mediation in NY foreclosure cases, mortgagees and servicers must insure prompt and thorough review of loan mod applications and provide consistent responses to those applications to prevent sanctions for bad faith negotiation.

 

HTMLGerman Federal Court of Justice Clarifies "Opt-in" Rules Under the German Bonds Act
Olaf Benning, Volker Kammel, Ulf Kreppel, Claudia Leyendecker, Karsten Müller-Eising; Jones Day;
Legal Alert/Article
September 24, 2014, previously published on September 2014
On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision clarifying that holders of bonds issued prior to August 5, 2009, under the old German Bonds Act of 1899 may opt in to, and take advantage of the benefits of, the provisions of the new German...

 

Adobe PDFBank Resolution and Capitalization: Anticipated TLAC Proposal: Impact on Banks’ Balance Sheet Structures and Resolution Plans
Sullivan Cromwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 23, 2014
It appears increasingly likely that the Financial Stability Board (the “FSB”), followed by the Board of Governors of the Federal Reserve System (the “Federal Reserve”) (and other national regulators, possibly including other U.S. banking agencies), will soon issue proposals...

 

Adobe PDFBasel III Liquidity Framework: Federal Reserve Approves Final Rule Implementing Basel III Liquidity Coverage Ratio for Large U.S. Banks
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
On Wednesday, September 3, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC” and, together with the Federal Reserve and...

 

HTMLUDAAP Council Weekly UDAAP Standards Report - 09/17/14
Martin J. Bishop; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.

 

Adobe PDFSecurity-Based Swaps: SEC Proposes Rule Regarding Communications Involving Security-Based Swaps Entered Into Solely by Eligible Contract Participants
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 8, 2014, the Securities and Exchange Commission proposed a rule under the Securities Act of 1933 to provide that the publication or distribution of price quotes relating to security-based swaps that may be purchased only by eligible contract participants and are traded or processed...

 


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