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|The FFIEC Warns Financial Institutions of the Dangers of Cyberattacks Involving Destructive Malware|
Paul A. Carrubba, Jack Pringle; Adams and Reese LLP;
May 29, 2015, previously published on May 12, 2015On March 30th, the Federal Financial Institutions Examination Council (FFIEC) issued two Joint Statements1 on behalf of its members2 to warn financial institutions about the threats posed to various credentials by cyberattacks involving “destructive malware.”
|Neither a Borrower Nor a Lender be ...|
David H. Conaway; Shumaker, Loop & Kendrick, LLP;
May 27, 2015, previously published on April 2015Many lawyers have written articles about a February 27, 2015 U.S. Court of Appeals (11th Circuit) ruling (In re Maury Rosenberg) against petitioning creditors of an involuntary Chapter 7 proceeding.
|Harvard Report Finds Growing Regulatory Burdens Afflicting Community Banks|
George A. LeMaistre; Jones Walker LLP;
May 26, 2015, previously published on May 21, 2015While economies of scale and rising technology costs have contributed significantly to the decline that the community-bank sector has experienced since the onset of the recession, available data indicate that growing regulatory burdens since the 2010 enactment of the Dodd-Frank Act also have...
|Groundbreaking Merger Between Credit Union and Commercial Bank|
Robert L. Carothers; Jones Walker LLP;
May 26, 2015, previously published on May 14, 2015On May 5, Achieva Credit Union ("Achieva"), a Florida state-chartered credit union headquartered in Dunedin, Florida, announced that it had entered into an agreement to acquire Calusa Bank, a Florida state-chartered commercial bank headquartered in Punta Gorda, Florida. It is rare for a...
|Bank Fees Class Action in Australia Fails Before Full Federal Court|
John Emmerig, Michael Legg; Jones Day;
May 26, 2015, previously published on May 2015In Paciocco v Australia and New Zealand Banking Group Limited ("ANZ")  FCAFC 50, the Full Court of the Federal Court of Australia (the intermediate appeals court in the Federal Court hierarchy) overturned the trial judge's finding that ANZ credit card late payment fees were...
|Loans Granted by Securitisation Vehicles—Consultation Paper of the Bank of Italy and Retention|
Francesco Squerzoni, Vinicio Trombetti; Jones Day;
May 26, 2015, previously published on May 2015On March 6, 2015, the Bank of Italy published a consultation paper relating to the supervisory regulations for loans by securitisation vehicles incorporated under the Italian securitisation law.
|Amendments to the First Nations Fiscal Management Act|
Tiffany Murray; Borden Ladner Gervais LLP;
May 26, 2015, previously published on May 15, 2015Back in 2006 the First Nations Fiscal Management Act (Canada) (FNFMA) came into force and established a framework that would enable First Nations to leverage tax and other revenue streams and access long term private capital through the First Nations Finance Authority (FNFA) at low rates to finance...
|Calculating Security - Don't Assume that all of the Damages Awarded must be Secured on Appeal.|
Hilaree A. Casada; Cowles & Thompson A Professional Corporation;
May 25, 2015, previously published on May 21, 2015To suspend execution of a money judgment on appeal, the judgment debtor must post a bond, cash deposit, or other security that equals the sum of “compensatory damages,” interest for the estimated duration of the appeal, and costs, subject to certain caps. TEX. R. APP. P. 24. It is not...
|Hey, Let's Be Careful Out There! (1)|
Stephen C. Stapleton; Cowles & Thompson
A Professional Corporation;
May 25, 2015, previously published on April 21, 2015In 2001, General Motors (“GM”) obtained $300 million in financing under a lease financing transaction (the “2001 Lease”) from a syndicate of lenders for which JPMorgan acted as both administrative agent and the secured party of record. The financing was secured by liens on...
|Bank of Canada Announces Updates to Emergency Lending Policies|
David P. Badour, Barry J. Ryan; McCarthy Tetrault LLP;
May 22, 2015, previously published on May 8, 2015The Bank of Canada (the "Bank") issued on May 5, 2015 "Bank of Canada Emergency Lending Policies", a consultation paper setting forth proposed updates to the Bank's emergency lending policies. The proposed changes consist of the following: