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HTMLForbearance Agreements - When Can You Safely Walk Away From the Negotiation Table
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
August 24, 2015, previously published on Third Quarter 2015
Lenders who find themselves with a troubled loan that requires modification and a formal workout agreement can end up spending several weeks negotiating terms of the final forbearance agreement that will govern the remainder of the parties’ lending relationship, or at least get them past the...


HTMLRegulatory Review of In-Market Mergers
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
We have recently seen an increase in the number of conversations taking place between community banks located in the same market regarding whether it makes sense to pursue a merger. These conversations are being driven by various factors, including increasing compliance costs, lack of management...


HTMLSupreme Court Takes on Housing Discrimination
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
August 20, 2015, previously published on August 17, 2015
The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...


HTMLFSC Introduces Internet-Primary Bank in Korea
Kim Chang;
Legal Alert/Article
August 19, 2015, previously published on August 18, 2015
From January to April 2015, the Financial Services Commission (“FSC”) operated the Internet-Primary Bank Task Force (“TF”), which was a joint private and public sector effort. The TF reviewed related legislative bills and system reform plans regarding the introduction of the...


HTMLCMBS Loans: Borrower (and Bondholder) Beware
Adam H. Friedman; Olshan Frome Wolosky LLP;
Legal Alert/Article
August 18, 2015, previously published on August 2015
As discussed in our prior Client Alert, the CMBS loan structure is rife with complexity and potential for abuse. Generally speaking, upon default or imminent default, the Controlling Class of bondholders (or the Directing Certificate Holder), can appoint a Special Servicer to administer the...


HTMLInternational payment systems to transfer processing inside Russia
Igor Gorokhov; Capital Legal Services;
Legal Alert/Article
August 13, 2015, previously published on March 12, 2015
Operators of international payment systems are arranging interaction with Russian operations and clearing centers in order to avoid restrictions imposed by current e-payment laws that will become effective starting April 01, 2015.


HTMLFederal Financial Institutions Legislative and Regulatory Reporter
Jeffrey S. Graham; Borden Ladner Gervais LLP;
Legal Alert/Article
August 11, 2015, previously published on July 31, 2015
The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions. It does not address Canadian provincial financial services legislative and regulatory developments, although this information is tracked by...


HTMLPentagon Adopts Amendments of Military Lending Regulations
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
August 11, 2015, previously published on August 6, 2015
Concluding a process initiated by the Pentagon in 2012, on July 22, the Department of Defense ("DOD") published in the Federal Register amendments to its regulations implementing the Military Lending Act ("MLA"). Background information concerning the adoption of these amendments...


HTMLThe South Carolina Third Party Legal Opinion Report
Laurie A. Becker; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2015, previously published on August 4, 2015
Lawyers are frequently asked to deliver legal opinions in a variety of business, corporate and commercial transactions to third parties who are not the lawyer¿s client in the transaction.


HTMLA Bank's Right of Set-off Against a Deposit Account
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
Let’s get very clear about one thing: When you deposit money in a bank, your money doesn’t sit in the bank’s vault. It becomes the bank’s money upon deposit. The bank simply owes it back to you or to your order upon demand (a withdrawal or presentment of a check). You, in...


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