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Adobe PDFRestructuring: More Clarity for Delaware Directors When Considering Restructuring Transactions
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Andrew G. Dietderich, Mitchell S. Eitel; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 14, 2015
In Quadrant Structured Products Co., Ltd. v. Vertin (May 4, 2015) (“Quadrant”), the Delaware Court of Chancery confirms - again - that ordinary corporate fiduciary duties govern the conduct of directors of an insolvent corporation, rather than a special duty to creditors. The Court also...

 

Adobe PDFDepartment of Justice Announces Settlement to Resolve Discriminatory Indirect Lending Allegations: Department of Justice and Evergreen Bank Group Enter into Consent Order Requiring Implementation of Dealer Compensation Policy and Payment of $395,000 in Consumer Redress
Darrell S. Cafasso, H. Rodgin Cohen, Mitchell S. Eitel, Robert J. Giuffra, Sharon L. Nelles; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 12, 2015
On May 7, 2015, the Department of Justice (“DOJ”) announced that it had reached a settlement with Evergreen Bank Group of Oak Brook, Illinois (“Evergreen Bank” or the “Bank”) to resolve allegations of discriminatory lending practices relating to indirect...

 

Adobe PDFSenate Regulatory Relief Proposal: Banking Committee Chairman Releases Discussion Draft of “The Financial Regulatory Improvement Act of 2015”
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
May 21, 2015, previously published on May 13, 2015
Yesterday afternoon, Senate Banking Committee Chairman Richard Shelby (R-AL) released a discussion draft of “The Financial Regulatory Improvement Act of 2015” (the “Discussion Draft”). This proposed legislation would significantly amend certain aspects of the Dodd-Frank Wall...

 

HTMLFINRA Proposes Rule Governing Offer and Sale of Securities to Military Personnel and Dependents on Military Premises
Emily P. Gordy; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
May 19, 2015, previously published on May 13, 2015
Congress enacted the 2006 Military Personnel Financial Services Protection Act (“Military Act”), which amended Section 15A(b) of the Exchange Act by requiring self-regulatory organizations (“SROs”), including FINRA, to adopt certain rules governing the offer and sale of...

 

HTMLRecent LMA LIBOR Related Changes - Their Possible Impact on Islamic Finance Documents
Richard de Belder, Adam Pierce; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
At the end of last year, the Loan Market Association (LMA) updated its facility agreements, including changes to the interest rate definitions and mechanics. Many Islamic finance transactions use a conventional interest rate benchmark, such as LIBOR, to calculate the profit or variable rental....

 

HTMLMiFID, MiFID 2 Where Are You? We Got Some Work to Do Now
Emma Radmore, Luca Salerno; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
The current Markets in Financial Instruments Directive has been replaced by a new Directive (Revised MiFID) and Regulation (MiFIR). This is the MiFID 2 package. With limited exceptions, the changes take effect from 3 January 2017. Before then, governments and regulators have much work to do to...

 

HTMLMichigan's Amended Periodic Garnishment Statute
David A. Wolfe; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 18, 2015, previously published on May 6, 2015
Michigan allows judgment creditors to garnish funds owed to a judgment debtor through a periodic garnishment (which is typically sent to an employer), a non-periodic garnishment (which typically seeks to seize funds in a bank account) and a tax garnishment. Recently, Michigan amended its statute...

 

HTMLClient Alert: Federal Reserve Board Amends "Small Bank Holding Company Policy Statement" to Cover BHCs and SLHCs with Total Consolidated Assets of Less Than $1 Billion
Brandt T. Bowman; Rhoads & Sinon LLP;
Legal Alert/Article
May 18, 2015, previously published on April 2015
On April 9, 2015, the Federal Reserve Board (the “Board”) adopted a final rule (the “Final Rule”) amending its Small Bank Holding Company Policy Statement (the “Policy Statement”), contained in Appendix C of the Board’s Regulation Y. The Final Rule raises...

 

HTMLWhat Next for Bank Capital and the IRB Approach?
Michael Wainwright; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on April 21, 2015
Financial Services analysis: Could changes to the internal ratings based (IRB) regulatory framework result in substantial burdens for banks and national regulators? Michael Wainwright, partner in Dentons' Financial Services and Funds practice, comments on the European Banking Authority's (EBA)...

 

HTMLLimitations on Foreign Exchange in Kazakhstan
Aigoul Kenjebayeva; Dentons Canada LLP;
Legal Alert/Article
May 14, 2015, previously published on May 5, 2015
On 16 March 2015 the Management Board of the National Bank of the Republic of Kazakhstan by its Resolution No 321 resolved to amend the Rules on Currency Operations in the Republic of Kazakhstan (Rules). The Rules inter alia regulate foreign exchange operations, the regime of foreign investments...

 


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