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HTMLProposed Rule Filed Applying "Gifts" Rule to Municipal Advisors
J. Andrew Gipson; Jones Walker LLP;
Legal Alert/Article
September 11, 2015, previously published on September 10, 2015
On 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...

 

HTMLProposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 1, 2015
Senator 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.

 

HTMLDeadline Looms for Greek Debt Proposals
DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 9, 2015
The Greek government has until midnight, Brussels time, on Thursday 9 July 2015 to submit its new debt proposals to its international creditors.

 

HTMLNew debt restructuring opportunities in India?
Jonathan Leitch, Sandeep Mehta; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 2015
It 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...

 

HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In 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...

 

HTMLUnauthorized Transfers Present Growing Risks for Commercial Accounts
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
Could 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...

 

HTMLHow Bad is Dodd-Frank for Community Banks?
Hugh B. Wellons; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
Congress 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...

 

HTMLAn Interview with David Barksdale, President and CEO of Carolina Premier Bank
Timothy R. Moore; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
Q: You recently took the helm of Carolina Premier. What has been the biggest surprise to you in your new role as a CEO? What has been the biggest surprise about Carolina Premier?

 

HTMLMixed Result on FDIC Appeal Of Failed-Bank D&O Claims
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
A federal appellate court last week delivered a mixed result to the FDIC in deciding the agency's appeal of trial-court judgments that had been entered in favor of defendant directors and officers of a failed North Carolina bank.

 

HTMLItalian Bankruptcy Law Reform Emphasizes Flexibility for Borrowers, Active Role for Creditors
Francesco Squerzoni; Jones Day;
Legal Alert/Article
August 26, 2015, previously published on August 2015
During the last few years, the section of Royal Decree No. 267 of March 16, 1942 (the "Italian Bankruptcy Law") dedicated to pre-insolvency proceedings has been reformed extensively by the Italian legislature. The purpose of the reform is to provide distressed Italian entities with a more...

 


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