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HTMLInternational Payment Cards Processing: From Russia with Love
John Stansfield, Andrei Strijak, Timothy Stubbs; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on November 11, 2014
Amendments to the NPS Law, which entered into force 23 October 2014, would significantly affect further development of the Russian payment infrastructure. In fact they require international payment cards to be processed locally and aim to cement the role of the National Payment Card System as the...

 

HTMLExamining the Effect of the Final Dodd-Frank Credit Risk Retention Rule Upon the Student Loan Finance Industry
Stephen S. Kudenholdt, Robert B. Olin, Lauris G.L. Rall; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
The Dodd-Frank Act’s required credit risk retention rules were finalized and adopted by US regulators this week. Below are certain excerpts from the adopting release and from the final rule regarding credit risk retention in student loan securitizations. Essentially, the specific rules...

 

HTMLForeclosure Does Not Preclude Filing a Lawsuit on the Underlying Note
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
Any creditor that obtains a mortgage on property pursuant to a note or some other debt instrument will inevitably have to use the legal process to enforce the instrument. The initial strategy decision is whether to foreclose on the secured property, file a complaint for monetary damages on the...

 

HTMLClearing Becoming Clearer: ESMA Publishes Final Draft RTS on Interest Rate Derivatives and Consultation Paper on FX
Rosali Pretorius; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
ESMA published two documents on 1 October 2014 as the implementation of mandatory clearing of certain over-the-counter (OTC) derivatives gathers pace.

 

HTMLConsumer Finance Update: New Ginnie Mae minimum net worth, liquidity and demonstrated participation Requirements for Issuers approved for certain Ginnie Mae programs
John Holahan, Richard Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
Ginnie Mae has announced several new requirements in response to the continued transformation of the housing market and the growing number of entities that are granted Issuer approval, yet fail to actively participate in a Ginnie Mae MBS program. In the new year, Ginnie Mae will (1) adjust its...

 

HTMLEurasian Economic Union
Victoria Simonova; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...

 

HTMLVisa and MasterCard Voluntarily Commit to Reduce their Credit Card Fees
Susan Kacaba, Anna I. MacMillan; Davis LLP;
Legal Alert/Article
November 15, 2014, previously published on November 6, 2014
On November 4, 2014, Canada’s Minister of Finance, Joe Oliver, announced that Visa Canada Corporation and MasterCard Canada, Inc. had submitted separate and individual voluntary proposals to reduce their net consumer credit card interchange rates to an average effective rate of 1.50% for a...

 

HTML“Separate Entity” Rule Alive and Well in New York
James Ancone, Mark G. Hanchet, Christopher J. Houpt, Alex C. Lakatos; Mayer Brown LLP;
Legal Alert/Article
November 14, 2014, previously published on October 28, 2014
In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called “separate entity” rule continues to exist as a vibrant doctrine in the State of New York. Under the separate entity rule, a bank’s branches in...

 

Adobe PDFPontiac General Employees Retirement System v. Healthways, Inc.: Delaware Chancery Court Declines to Dismiss Fiduciary Duty Claims Against Directors and Aiding and Abetting Claims Against Lender in Connection with Dead Hand Change of Control Provision in Credit Agreement
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, John E. Estes; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 27, 2014
In a bench ruling issued on October 14, 2014, the Delaware Court of Chancery (VC Laster) declined to dismiss fiduciary duty claims against the directors of Healthways, Inc. (“Healthways”) and an aiding and abetting claim against SunTrust Bank (“SunTrust”), the lender...

 

HTMLTermination Statement Causes Loss of Lien, Even If Erroneous
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
November 14, 2014, previously published on November 2014
On October 17, 2014 the Delaware Supreme Court, in response to a question certified to it by the United States Court of Appeals for the Second Circuit, held that under Delaware Uniform Commercial Code § 9-513, a secured creditor lost its lien in collateral when it authorized the filing of a...

 


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