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|Update on Recent Summary Judgment for Barclays in Interest Rate Swap Litigation|
Richard Caird, Sam Coulthard, Alexandra Doucas; Dentons Canada LLP;
September 17, 2014, previously published on Septemeber 9, 2014In a recent hearing in the Cardiff Mercantile Court, His Honour Judge Keyser QC (the Judge) considered various arguments advanced in relation to an interest rate swap.
|CFPB Issues Guidance Regarding Mortgage Servicing Transfers|
John Honahan, Richard B. Horn, Matthew S. Yoon; Dentons Canada LLP;
September 17, 2014, previously published on September 5, 2014On August 19, 2014, the US Consumer Financial Protection Bureau ("CFPB") released Bulletin 2014-01, ("Bulletin"). The Bulletin replaces CPFB Bulletin 2013-1, which also addressed servicing transfers, and provides updated CFPB guidance and expectations with respect to mortgage...
|"Pay To Play" Rule Proposed for Municipal Advisors|
J. Andrew Gipson; Jones Walker LLP;
September 16, 2014, previously published on September 4, 2014On August 18, 2014, the Municipal Securities Rulemaking Board ("MSRB") issued a request for comment on proposed rule amendments expanding application of Rule G-37, its "pay to play" rule, to municipal advisors and municipal advisor third-party solicitors. The request for comment...
|UDAP/UDAAP: Goodbye Regulation, Hello Guidance|
Craig N. Landrum; Jones Walker LLP;
September 16, 2014, previously published on September 11, 2014In recognition that its authority to issue credit practices rules for insured institutions was repealed as a consequence of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"), the Board of Governors of the Federal Reserve System (the "Board") is...
|The Regulation of Virtual Currencies in Canada|
Jeffrey S. Graham, James Mathers, D. Ross McGowan, James Szumski; Borden Ladner Gervais LLP;
September 15, 2014, previously published on September 10, 2014Canada is engaged in an important effort to reform its payment system. In recent years, there have been important legislative measures to enhance the payment system including the adoption of the Payment, Clearing and Settlement Act, and the Payment Card Network Act. There was the appointment of an...
|European Central Bank Publishes Final List of 'Significant Supervised Entities' in Preparation for Banking Union|
Patrick Brandt, Sven G. Mickisch, William J. Sweet; Skadden, Arps, Slate, Meagher & Flom LLP;
September 15, 2014, previously published on September 12, 2014On 4 September 2014, the EU’s European Central Bank (ECB) published its final list of significant supervised entities and less significant institutions for the purposes of the Eurozone’s single supervisory mechanism (SSM), which will come into effect on 4 November 2014. The list, which...
|Virtual Currency - New York State Extends Comment Deadline on BitLicense Proposal|
Michael A. Berlin, Carl A. Fornaris, William B. Mack, Jamey L. Tesler; Greenberg Traurig, LLP;
September 15, 2014, previously published on September 9, 2014On August 21, 2014, the New York State Department of Financial Services (DFS) agreed to double the length of the open-comment period for its proposed virtual currency regulatory framework, extending the period another 45 days, to October, 21, 2014.
|Theories of Liability Against Principals of Debtor|
Joseph S. U. Bodoff; Rubin and Rudman LLP;
September 15, 2014, previously published on September 11, 2014All too often, businesses cease operating, leaving creditors with little or no ability to collect on their debts. Fortunate creditors may have collateral or personal guaranties signed by a person or entity that is not judgment-proof. For the vast majority of creditors, however, their recourse is...
|German Insolvency Law - Overview of Insolvency Challenge Rights|
Katharina Heßel, Malte Richter, Marco Wilhelm; Mayer Brown LLP;
September 12, 2014, previously published on September 10, 2014 The most important principle of the German insolvency law is the equal treatment of the creditors of the insolvency debtor. To satisfy their claims, the creditors are entitled to the debtor’s insolvency estate. The insolvency estate consists of the entire assets of the debtor which belong to...
|SEC Adopts Rules Regarding Third-Party Due Diligence Reports in Connection With Offerings of Asset-Backed Securities, and Other Rules for Nationally Recognized Statistical Rating Organizations|
Charles A. Sweet; Bingham McCutchen LLP;
September 12, 2014, previously published on September 2, 2014The Securities and Exchange Commission (the “SEC”) has adopted a variety of rules (the “Adopting Release”) relating to nationally recognized statistical rating organizations (“NRSROs”), as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act...