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|The Preference Plaintiff's Problematic Burden of Proof under Section 547(b)(5)|
Law Office of Frank Broyles;
August 4, 2014, previously published by American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter on November 2012The 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...
|Client Clearing: An ISDA/FBF Initiative for the French Market|
Alban Caillemer du Ferrage, Karole-Anne Sauvet; Jones Day;
August 4, 2014, previously published on August 2014The 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.
|FDIC Issues Basel III Relief for Subchapter S-corporation Banks|
Neal C. Wise; Jones Walker LLP;
August 1, 2014, previously published on July 24, 2014On 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...
|Money 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;
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.
|U.S. Supreme Court Issues Bank Fraud Decision|
Adam Keith Butman Brandon; Rogers Towers, P.A.;
August 1, 2014, previously published on July 29, 2014On 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...
|New bank regulations on minimum capital requirements and multiple licensing.|
Hamud M. Balfas; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
July 31, 2014, previously published by This article was first published by International Law Office on its online legal update service. on January 2014This 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.
|Bank Indonesia Issues Regulation on Hedging Transactions 2014|
Elsie F. Hakim; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
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.
|New York's Proposed "Bitlicense" Regulations Mark New Territory for Virtual Currencies|
Dentons Canada LLP;
July 30, 2014, previously published on July 23, 2014In 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.
|The Thin End of the Wedge: The CMA and the FCA Publish Provisional Findings on Retail Banking|
Dentons Canada LLP;
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...
|Who is in Control? The Rights of Noteholders and the Discretion of the Note Trustee|
Dentons Canada LLP;
July 29, 2014, previously published on July 2, 2014The 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...