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|Questioning the Executoriness of Trademark Licenses in Integrated Agreements|
Mark G. Douglas, Laura L. Swanson; Jones Day;
October 16, 2014, previously published on September/October 2014Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a...
|Uniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA|
Mark G. Douglas; Jones Day;
October 16, 2014, previously published on September/October 2014On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the "UFTA"), which is currently in force in 43 states (all states except Alaska, Kentucky, Louisiana, Maryland, New York, South Carolina, and...
|Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want|
Michael C. Lueder; Foley & Lardner LLP;
October 15, 2014, previously published on October 1, 2014“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...
|FCA MiFID II Conference Summary|
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
October 13, 2014, previously published on September 24, 2014On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...
|Lenders Beware: the Nevada Supreme Court Holds That Foreclosures of Homeowners’ Association Liens May Extinguish First Priority Deeds of Trust|
Bob L. Olson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 26, 2014Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”).
|Credit Unions' Responsibility to Reasonably Investigate Disputes under the Fair Credit Reporting Act|
Matthew M. Young; Weltman, Weinberg & Reis Co., L.P.A.;
October 10, 2014, previously published on September 26, 2014 While the Fair Credit Reporting Act (FCRA) is many decades old, originally passed in 1970, credit unions should give renewed focus to the Act to ensure its compliance. Under the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) was provided authority to enforce the terms of the FCRA....
|Pentagon Proposes Amendments to Military Lending Regulations|
Eric J. Dyas; Jones Walker LLP;
October 10, 2014, previously published on October 2, 2014On Monday, September 29, the Department of Defense ("DOD") published in the Federal Register proposed amendments to its regulations implementing the Military Lending Act ("MLA"). The MLA, 10 U.S.C. § 987, and its implementing regulations, 32 C.F.R. Part 232, impose various...
|Cross-Border Recognition of Resolution Actions: Financial Stability Board’s Consultative Document Regarding Cross-Border Recognition of Resolution Actions Represents an Important Step Towards Removal of Impediments to Resolution|
Sullivan Cromwell LLP;
October 10, 2014, previously published on October 2, 2014 On September 29, 2014, the Financial Stability Board (the “FSB”) published a consultative document concerning cross-border recognition of resolution actions and the removal of impediments to the resolution of globally active, systemically important financial institutions (the...
|Disaster Recovery and Preparedness: Does Your Credit Union have a Plan?|
Matthew D. Urban; Weltman, Weinberg & Reis Co., L.P.A.;
October 10, 2014, previously published on September 25, 2014Each day there are news reports of natural or man made disasters that impact hundreds, if not thousands, of lives and businesses in the areas where the event is occurring. Whether it is a headline grabbing event like a hurricane or a localized event such as a flash flood, any event that impacts...
|Supreme Court of Canada Rules that Provincial Consumer Protection Laws Apply to Bank-Issued Credit Cards|
Suhuyini Abudulai; Cassels Brock & Blackwell LLP;
October 9, 2014, previously published on October 1, 2014On September 19, 2014, the Supreme Court of Canada (the “SCC”) released its long-awaited decision in Bank of Montreal v. Marcotte and two companion cases (Amex Bank of Canada v. Adams and Marcotte v. Fédération des caisses Desjardins du Québec). Significantly, the...