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Adobe PDFThe Preference Plaintiff's Problematic Burden of Proof under Section 547(b)(5)
Law Office of Frank Broyles;
Legal Alert/Article
August 4, 2014, previously published by American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter on November 2012
The article considers the fifth of five elements a preference plaintiff must prove, the element that the preference payment resulted in the creditor receiving more than it would have received in a "hypothetical" Chapter 7. In particular, the article focuses on two preference cases...

 

HTMLClient Clearing: An ISDA/FBF Initiative for the French Market
Alban Caillemer du Ferrage, Karole-Anne Sauvet; Jones Day;
Legal Alert/Article
August 4, 2014, previously published on August 2014
The International Swaps and Derivatives Association ("ISDA") and the French Banking Federation ("FBF") just released the French Law Annex to the ISDA/FOA Client Cleared OTC Derivatives Addendum.

 

HTMLFDIC Issues Basel III Relief for Subchapter S-corporation Banks
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
August 1, 2014, previously published on July 24, 2014
On Monday, July 21, the FDIC addressed the circumstances in which it will consider requests from S-corporation banks or savings associations to pay dividends to shareholders to cover taxes on their pass-through share of the bank's earnings, when these dividends would otherwise not be permitted...

 

HTMLMoney Market Funds: Securities and Exchange Commission Adopts Money Market Fund Rule Amendments Requiring Institutional Funds to Adopt Floating Net Asset Values and Permitting Boards to Impose Liquidity Fees and Suspend Redemptions
Sullivan Cromwell LLP;
Legal Alert/Article
August 1, 2014, previously published on July 28, 2014
On July 23, 2014, the Securities and Exchange Commission voted 3-2 to adopt amendments to the rules that govern money market funds under the Investment Company Act of 1940.

 

HTMLU.S. Supreme Court Issues Bank Fraud Decision
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 29, 2014
On June 23, 2014, the U.S. Supreme Court issued its decision in Laughlin v. United States which defined what type of fraudulent activity is punishable under the federal bank fraud statute. Posing as a Mormon missionary, Kevin Loughrin went door-to-door in a Salt Lake City neighborhood and rummaged...

 

HTMLNew bank regulations on minimum capital requirements and multiple licensing.
Hamud M. Balfas; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
Legal Alert/Article
July 31, 2014, previously published by This article was first published by International Law Office on its online legal update service. on January 2014
This article examines the two recently issued regulations by the Indonesian central bank, Bank Indonesia, that will change the way banks in the country do business.

 

HTMLBank Indonesia Issues Regulation on Hedging Transactions 2014
Elsie F. Hakim; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
Legal Alert/Article
July 31, 2014, previously published by International Law Office's online legal update service 
This article summarises the main provisions of Bank Indonesia's regulations on hedging transactions.

 

HTMLNew York's Proposed "Bitlicense" Regulations Mark New Territory for Virtual Currencies
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 23, 2014
In a move widely seen as inevitable, the New York Department of Financial Services (NYDFS) has released draft regulations for the establishment of a "BitLicense" to govern virtual currency financial services.

 

HTMLThe Thin End of the Wedge: The CMA and the FCA Publish Provisional Findings on Retail Banking
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 21, 2014
Competition in retail banking, including banking services to small and medium-sized enterprises (SMEs) has been the subject of detailed consideration by the UK competition authorities over the last 15 years. Multiple competition concerns have been identified over the years and, despite attempts to...

 

HTMLWho is in Control? The Rights of Noteholders and the Discretion of the Note Trustee
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 2, 2014
The debate at the heart of U.S. Bank Trustees Limited v Titan Europe 2007-1 (NHP) Limited and others was whether a distressed property portfolio should be sold at once or retained in the hope of realising a better price. Such disputes are by no means novel, particularly in times when property...

 


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