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HTMLFurther Loosening of Cuban Sanctions to Expand Access to Finance, Trade and Travel
Ira Gonzalez; Adams and Reese LLP;
Legal Alert/Article
March 4, 2016, previously published on February 1, 2016
The Treasury's Office of Foreign Assets Control (OFAC) and the Department of Commerce announced new amendments to Cuban policy to "further implement the new direction toward Cuba" announced by President Obama in December 2014.


HTMLItalian NPL Guaranteed by the Italian Government: Law Decree Approved
Francesco Squerzoni, Mario Todino, Vinicio Trombetti; Jones Day;
Legal Alert/Article
March 3, 2016, previously published on February 2016
On February 14, 2016, the Italian Government approved the law decree ("decreto-legge" or the "Decree") that regulates, inter alia, the release of a guarantee by the Italian Government for non-performing loan ("NPL") transactions.


HTMLSenior Managers and Certification Regime
Elaine Aarons, Harvey Knight, Meriel Schindler; Withers Bergman LLP;
Legal Alert/Article
March 2, 2016, previously published on February 18, 2016
On 7 March 2016, the first wave of the Senior Managers and Certification Regime will become effective. The senior management of all UK regulated banks, building societies and any regulated business that forms part of a banking conglomerate will be required to perform Senior Management Functions...


HTMLCourt Rules Banks Not Liable For Converting Cheques To Non-Existing / Fictitious Payees
Heather Pessione; Borden Ladner Gervais LLP;
Legal Alert/Article
March 1, 2016, previously published on February 17, 2016
On the Ontario Court of Appeal released its decision in Teva Canada Limited v. Bank of Montréal. The case arose out of a $5M fraud perpetrated by a former employee of pharmaceutical manufacturer Teva Canada Ltd. ("Teva") against Teva and a number of banks. The former employee...


Adobe PDFGarnishee Bank's "Defenses" Trumped?
W. Patrick Ayers, Madison L. Mitchell; Burr & Forman LLP;
Legal Alert/Article
February 29, 2016, previously published on February 2016
Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a first-perfected security interest in collateral beats a later-perfected lien creditor's interest in that same collateral. Seems simple enough. Except this rule might not be...


HTMLBank Resolutions - Trust the Regulators, but Keep Your Powder Dry
Assia Damianova, Nick Shiren; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
February 29, 2016, previously published on February 17, 2016
In times of financial turbulence, politicians, regulators and the media make the case for tighter controls of the markets. However, with new regulatory powers coming in and the resulting extra layer of complexity that their application brings, investors have their reasons not to put their trust in...


HTMLNebraska Department Of Banking And Finance Proposes New Exemption For Advisers To Private Funds
Jason D. Benson; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
February 26, 2016, previously published on First Quarter 2016
The Nebraska Department of Banking and Finance has proposed new regulations related to the registration of investment advisers. The regulations will establish a private fund adviser exemption from registration. The regulations were the subject of a rulemaking hearing held on January 7, 2016. There...


HTMLPrimary Legal Framework Governing Direct Lending by Italian and EU Funds Now Completed
Alessandro Corno, Marco Frattini, Giovanni Meschia, Francesco Squerzoni; Jones Day;
Legal Alert/Article
February 24, 2016, previously published on February 2016
In the last few years, the Italian Government reformed the Italian debt market with the aim of facilitating access by Italian businesses to financings. Going along this reformation path, the Italian Council of Ministers enacted Law Decree No. 18 of February 14, 2016 (the "Law Decree"),[1]...


HTMLPotential Benefits of Your Bank Obtaining CDFI Certification
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
February 15, 2016, previously published on February 4, 2016
In January 2014, banks began complying with a host of new mortgage-related regulations issued by the Consumer Financial Protection Bureau ("CFPB"), including a new regulation known as the Ability-to-Repay Rule ("ATR Rule"). The ATR Rule imposes a number of requirements on banks...


HTMLSwitzerland Searching for Account Holders or Their Heirs
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 11, 2016, previously published on February 9, 2016
Switzerland is searching for missing account holders or their heirs. With several million francs said to be sitting “unclaimed” in Swiss accounts, succession could prove to be profitable.


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