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HTMLFlorida Court Casts Doubt on Ability to Rely on Account Histories of Prior Note Holders and Servicers
Craig S. Barnett, Avi Benayoun, Michele L. Stocker; Greenberg Traurig, LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
On Oct. 13, 2014, the First District Court of Appeal issued a significant decision in Burdeshaw v. The Bank of New York Mellon, et al., -- So. 3d -- (Fla. 1st DCA Oct. 13, 2014) which now calls into question whether a note purchaser can rely on the business records of prior note holders and...

 

HTMLTax Avoidance Schemes: The Balance Between Avoidance and Evasion
Tessa Lorimer; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 5, 2014
Tax avoidance schemes have been plastered all over the press of late. Almost on a daily basis hither to much loved pop stars and television personalities have been ‘ousted’ for investing in a tax avoidance scheme. Taxpayers who have been used to having complete confidentiality regarding...

 

HTMLMarket Abuse Surveillance: A Reminder for Prop and Client Traders
Harvey Knight, Kirsten Lapham, Colin Smith; Withers Bergman LLP;
Legal Alert/Article
November 28, 2014, previously published on November 4, 2014
Patrick Spens, head of market monitoring, at the FCA recently spoke about the FCA’s market surveillance tools and expectations, which serves as a reminder to firms to ensure that they have adequate systems and controls to detect market abuse and suspicious transactions, either through...

 

HTMLForex Probe Results in Fines, but Investigation Not Over Yet
Michael Dodson; Burr & Forman LLP;
Legal Alert/Article
November 25, 2014, previously published on November 12, 2014
The American Commodity Futures Trading Commission (CFTC), British Financial Conduct Authority (FCA), and Swiss Financial Market Supervisory Authority (FINMA) announced fines of $3.4 billion against five global banks on Wednesday, November 12th, 2014. The five banks were UBS ($799 million),...

 

HTMLInternational Payment Cards Processing: From Russia with Love
John Stansfield, Andrei Strijak, Timothy Stubbs; Dentons Canada LLP;
Legal Alert/Article
November 18, 2014, previously published on November 11, 2014
Amendments to the NPS Law, which entered into force 23 October 2014, would significantly affect further development of the Russian payment infrastructure. In fact they require international payment cards to be processed locally and aim to cement the role of the National Payment Card System as the...

 

HTMLForeclosure Does Not Preclude Filing a Lawsuit on the Underlying Note
Andrew C. Voorhees; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 17, 2014, previously published on October 30, 2014
Any creditor that obtains a mortgage on property pursuant to a note or some other debt instrument will inevitably have to use the legal process to enforce the instrument. The initial strategy decision is whether to foreclose on the secured property, file a complaint for monetary damages on the...

 

HTMLEurasian Economic Union
Victoria Simonova; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...

 

HTMLExamining the Effect of the Final Dodd-Frank Credit Risk Retention Rule Upon the Student Loan Finance Industry
Stephen S. Kudenholdt, Robert B. Olin, Lauris G.L. Rall; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
The Dodd-Frank Act’s required credit risk retention rules were finalized and adopted by US regulators this week. Below are certain excerpts from the adopting release and from the final rule regarding credit risk retention in student loan securitizations. Essentially, the specific rules...

 

HTMLClearing Becoming Clearer: ESMA Publishes Final Draft RTS on Interest Rate Derivatives and Consultation Paper on FX
Rosali Pretorius; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 8, 2014
ESMA published two documents on 1 October 2014 as the implementation of mandatory clearing of certain over-the-counter (OTC) derivatives gathers pace.

 

HTMLConsumer Finance Update: New Ginnie Mae minimum net worth, liquidity and demonstrated participation Requirements for Issuers approved for certain Ginnie Mae programs
John Holahan, Richard Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 23, 2014
Ginnie Mae has announced several new requirements in response to the continued transformation of the housing market and the growing number of entities that are granted Issuer approval, yet fail to actively participate in a Ginnie Mae MBS program. In the new year, Ginnie Mae will (1) adjust its...

 


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