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HTMLThird Circuit Holds Debtors Need Not Dispute Debt before Filing Suit under FDCPA
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
Legal Alert/Article
August 5, 2014, previously published on July 2014
In McLaughlin v. Phelan Hallinan & Schmeig, LLP, the United States Court of Appeals for the Third Circuit recently held that debtors are not required to notify a debt collector in writing regarding a disputed debt as a prerequisite to filing a lawsuit under Section 1692g of the Fair Debt...

 

HTMLFDIC Revises Guidance in Wake of Choke Point Furor
Eric J. Dvas; Jones Walker LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
On July 28, 2014, the Federal Deposit Insurance Corporation ("FDIC") issued Financial Institution Letter FIL-41-2014 pertaining to its supervisory approach to institutions establishing account relationships with third-party payment providers ("TPPPs"). In this new guidance, the...

 

Adobe PDFDeposit Insurance Assessment System: FDIC Proposes Changes to the Ratios and Ratio Thresholds to Align the Deposit Insurance Assessment System with U.S. Basel III Capital Rules
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
The Federal Deposit Insurance Corporation (“FDIC”) recently published for comment a proposed rule containing modifications to the deposit insurance assessment system (the “Proposed Rule”). The Proposed Rule would amend the FDIC’s 2011 final rule adopting a new...

 

HTMLImplementation of New Rules for Investors in Moldovan Banks
Octavian Cazac; Turcan Cazac Law Firm;
Legal Alert/Article
August 5, 2014, previously published on September 2013
The recently enacted Regulation on Holding Equity Interest in a Moldovan Bank establishes (1) requirements for the acquisition, holding and disposal of equity interest in a Moldovan bank, (2) the procedures for the prudential assessment of potential acquirers, (3) the procedures for monitoring the...

 

HTMLCourt Rules That Creditors May Assert Full Amount of Claim Despite Partial Recovery From Third Parties
Dawn M. Hardesty; Adams and Reese LLP;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
On June 23, 2014, a federal bankruptcy court in Nebraska issued an order in the chapter 11 bankruptcy cases of Biovance Technologies, Inc. and William Edward Julien that granted American National Bank’s (“ANB”) motion for summary judgment and overruling Biovance’s and...

 

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.

 

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...

 

HTMLPresident Obama Signs Executive Order on Federal Contractor Blacklisting
Jackson Lewis P.C.;
Legal Alert/Article
August 4, 2014, previously published on August 01, 2014
President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order, which applies to new federal procurement contracts, will require those seeking government contracts to disclose their employment and labor law violations for the previous three years.

 

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...

 

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...

 


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