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|Who is Liable for Chip-Based Credit Card Fraud?|
Cameron G. Shilling; McLane Middleton, Professional Association;
September 17, 2015, previously published on September 2015Credit card companies - not retailers or consumers - have historically absorbed the liability for fraudulent credit card transactions. That will change on October 1, 2015. If your business does not use EMV equipped card readers to process credit cards that utilize the new chip technology, then your...
|Attention Banks and Thrifts: Use Caution Retaining Vendors To Investigate Matters Requiring Attention|
Molly Z. Brown; McDonald Hopkins LLC;
September 14, 2015, previously published on September 11, 2015At least every 12-18 months, federal and state banking regulators conduct an examination of the financial institutions under their jurisdiction to ensure that they are operating in a safe and sound manner and providing fair access to credit. If an examination reveals that practices deviate from...
|Lender Held to Hold Unperfected Lien on Payment Right Under Borrower's Business Interruption Insurance Policy|
Lawrence D. Coppel; Gordon Feinblatt LLC;
September 14, 2015, previously published on September 2015In Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd), --F3d--, 2015 WL 4934212 (1st Cir. August 19, 2015), a case of first impression at the appellate level, the US Court of Appeals for the First Circuit, applying Maine law, held that a lender’s...
|Proposed Rule Filed Applying "Gifts" Rule to Municipal Advisors|
J. Andrew Gipson; Jones Walker LLP;
September 11, 2015, previously published on September 10, 2015On September 2, the Municipal Securities Rulemaking Board ("MSRB") filed a proposed rule change with the Securities and Exchange Commission that would apply to municipal advisors limitations on business-related gift giving currently applicable to other municipal securities professionals...
|Proposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance|
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 1, 2015Senator Ron Wyden (D-OR) has released legislation, the Offshore Reinsurance Tax Fairness Act (ORTFA), which aims to close what he perceives to be a loophole used to exploit an exception to the passive foreign investment company or PFIC tax rules.
|New debt restructuring opportunities in India?|
Jonathan Leitch, Sandeep Mehta; DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 2015It has long proved difficult to deal with financially distressed companies in India. One of the main reasons is the many tools available to the existing management of a company to prevent an external creditor from taking control over the company. On June 8, the Reserve Bank of India (RBI) issued a...
|Deadline Looms for Greek Debt Proposals|
DLA Piper (Canada) LLP;
September 9, 2015, previously published on July 9, 2015The Greek government has until midnight, Brussels time, on Thursday 9 July 2015 to submit its new debt proposals to its international creditors.
|Overview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2015, previously published on August 31, 2015In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...
|Unauthorized Transfers Present Growing Risks for Commercial Accounts|
R. Scott Adams; Spilman Thomas & Battle, PLLC;
August 28, 2015, previously published on August 28, 2015Could your institution be at risk of liability for unauthorized wire transfers and Automated Clearing House (“ACH”) credit transfers? Data security breaches continue to garner headlines, and criminals continue to engage in targeted activities to steal millions of dollars in unauthorized...
|How Bad is Dodd-Frank for Community Banks?|
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
August 28, 2015, previously published on August 28, 2015Congress passed the Dodd-Frank Act in June and July 2010 with minimal Republican support, and it was signed by President Obama July 21, 2010. Since passing, Dodd-Frank has been hailed, depending on who answers, as salvation for our banking system or the death knell of community banking. The...