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HTMLDelaware Supreme Court Finds UCC Termination Filings Valid Despite Lack of Lender’s Intent
John W. Benson, Robert E. Copps, Eric R. Fenichel, Peter A. Fozzard, Dorothy Black Franzoni; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 2, 2014, previously published on October 28, 2014
On October 17, the Delaware Supreme Court held that JP Morgan (JPM) terminated its security interest in all of the collateral provided by General Motors (GM) in support of a $1.5 billion loan, despite neither party intending that result, when it authorized the filing of a termination statement to...

 

HTMLWritten Document Retention and Destruction Policy Saves the Day (Again)
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
November 2, 2014, previously published on October 21, 2014
As we mentioned in our previous posts regarding document preservation, establishing a written document retention and destruction policy is essential to any company, large or small. As with the Pradaxa case out of the Southern District of Illinois, a recent case out of the Northern District of New...

 

HTMLNew Provisions Concerning Thin Capitalization in Poland
BSJP Brockhuis Jurczak Prusak Sp.k.;
Legal Alert/Article
October 31, 2014
On the 1st January 2015 the provisions regarding tax deduction of the interest paid for the loans provided by the related companies (thin capitalization) are about to change.

 

HTMLBanker Bonuses: UK and EU Remain on Collision Course
James Anderson, Patrick Brandt, Helena J. Derbyshire, Gregory P. Norman, Stephen G. Sims; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
October 31, 2014, previously published on October 22, 2014
Since 1 January 2014, the EU’s Capital Requirements Directive (CRD) has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent with approval of a super majority of non-staff shareholders) —...

 

HTMLDon't Make the $1.5 Billion Mistake
Jeffrey S. Grasl, Stephen M. Gross; McDonald Hopkins LLC;
Legal Alert/Article
October 31, 2014, previously published on October 24, 2014
In what is many times considered a ministerial task, the careful preparation and review of UCC-3 termination statements in transactions between debtors and lenders should not be taken lightly. Secured creditors and their professionals would be wise to make sure that the identification of security...

 

HTMLSome Gramm-Leach-Bliley Notices Can Now Be Posted Online
Chanley T. Howell, Steven M. Millendorf; Foley & Lardner LLP;
Legal Alert/Article
October 31, 2014, previously published on October 23, 2014
Some banks and other organizations covered under the Gramm-Leach-Bliley Act (GLBA) may now post their privacy policies online rather than having to mail them annually. Earlier this week, the Consumer Financial Protection Bureau (CFPB) finalized a rule to provide more effective and efficient privacy...

 

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...

 

HTMLUDAAP Council Weekly UDAAP Standards Report - 10/23/2014
Martin J. Bishop; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 23, 2014
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims.

 

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...

 


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