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HTMLGuarantors Can Use Anti-Deficiency Statute in North Carolina
Rayford K. (Trip) Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
October 22, 2015, previously published on October 13, 2015
The North Carolina Supreme Court recently handed down the final word in a dispute over whether guarantors get the benefit of the state’s anti-deficiency statute after the lender bids on and buys the real property at a foreclosure sale. And that word is that the guarantors can use the...


HTMLClass Action by Banks Against Target Certified
Kevin L. LaRoche; Borden Ladner Gervais LLP;
Legal Alert/Article
October 9, 2015, previously published on September 20, 2015
On September 15, 2015, Justice Paul A. Magnuson of the United States District Court, District of Minnesota granted class certification to banks that issued payment cards in the payment card data breach that was publicly disclosed by Target on December 19, 2013.


HTMLWhite House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions
Charles P. Adams, Ira Gonzalez; Adams and Reese LLP;
Legal Alert/Article
October 9, 2015, previously published on September 28, 2015
Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the implementation of additional revisions to ease sanctions and potentially...


HTMLDeficiency Judgment Cases In North Carolina Just Got A Lot More Complex
Jay DeVaney, Brian T. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
October 7, 2015, previously published on September 25, 2015
A question that continually arose during the foreclosure deficiency actions that were spurred by the recent “Great Recession,” was whether or not a guarantor on a loan could raise the “defense” offered in N.C. Gen. Stat. § 45-21.36. The statute, thought to apply by its...


HTMLSame As It Ever Was, Same As It Ever Was...1*
Stephen C. Stapleton; Cowles & Thompson A Professional Corporation;
Legal Alert/Article
September 18, 2015, previously published on September 15, 2015
In May 2015, I wrote an article in this newsletter about the fallout attendant to a mistake associated with a term loan entered into between GM and JP Morgan in 2008 which, among other things, provided for the filing of UCC terminations statements as to certain previous loans. See...


HTMLWho is Liable for Chip-Based Credit Card Fraud?
Cameron G. Shilling; McLane Middleton, Professional Association;
Legal Alert/Article
September 17, 2015, previously published on September 2015
Credit card companies - not retailers or consumers - have historically absorbed the liability for fraudulent credit card transactions. That will change on October 1, 2015. If your business does not use EMV equipped card readers to process credit cards that utilize the new chip technology, then your...


HTMLLender Held to Hold Unperfected Lien on Payment Right Under Borrower's Business Interruption Insurance Policy
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
September 14, 2015, previously published on September 2015
In Wheeling & Lake Erie Railway Co. v. Keach (In re Montreal, Maine & Atlantic Railway, Ltd), --F3d--, 2015 WL 4934212 (1st Cir. August 19, 2015), a case of first impression at the appellate level, the US Court of Appeals for the First Circuit, applying Maine law, held that a lender’s...


HTMLAttention Banks and Thrifts: Use Caution Retaining Vendors To Investigate Matters Requiring Attention
Molly Z. Brown; McDonald Hopkins LLC;
Legal Alert/Article
September 14, 2015, previously published on September 11, 2015
At least every 12-18 months, federal and state banking regulators conduct an examination of the financial institutions under their jurisdiction to ensure that they are operating in a safe and sound manner and providing fair access to credit. If an examination reveals that practices deviate from...


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.


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