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HTMLVisa and MasterCard Voluntarily Commit to Reduce their Credit Card Fees
Susan Kacaba, Anna I. MacMillan; Davis LLP;
Legal Alert/Article
November 15, 2014, previously published on November 6, 2014
On November 4, 2014, Canada’s Minister of Finance, Joe Oliver, announced that Visa Canada Corporation and MasterCard Canada, Inc. had submitted separate and individual voluntary proposals to reduce their net consumer credit card interchange rates to an average effective rate of 1.50% for a...

 

HTML“Separate Entity” Rule Alive and Well in New York
James Ancone, Mark G. Hanchet, Christopher J. Houpt, Alex C. Lakatos; Mayer Brown LLP;
Legal Alert/Article
November 14, 2014, previously published on October 28, 2014
In a much anticipated decision, New York’s highest court, the Court of Appeals, confirmed on October 23, 2014, that the so-called “separate entity” rule continues to exist as a vibrant doctrine in the State of New York. Under the separate entity rule, a bank’s branches in...

 

Adobe PDFNew York’s Highest Court Endorses Application of “Separate Entity Rule” to International Banks: Landmark Ruling by Court of Appeals Confirms that Service of Asset Freeze Order on New York Branch of International Bank Does Not Reach Overseas Branches
Bruce E. Clark, Justin J. DeCamp, Robert J. Giuffra, Sharon L. Nelles, Bradley P. Smith; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 23, 2014
In Motorola Credit Corporation v. Standard Chartered Bank, the New York Court of Appeals confirmed that the separate entity rule, which has existed for nearly 100 years, remains a valid rule of law. Specifically, the Court of Appeals held that “a judgment creditor’s service of a...

 

Adobe PDFIRS Issues Audit Directive on Worthless Debt Deductions for Banks and Bank Affiliates: LBI Directs Its Auditors Not to Challenge Certain Worthless Debt Deductions
Judith R. Fiorini, Donald L. Korb, Andrew S. Mason, Eric S. Wang; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 29, 2014
The Large Business and International Division (“LBI”) at the IRS issued an audit directive (the “Directive”) to its revenue agents relating to bad debt deductions claimed by banks and regulated bank affiliates. The Directive clarifies the application of the presumption rules...

 

Adobe PDFBank Capital Plans and Stress Tests: Federal Reserve Approves Final Rule Amending Certain Aspects of Existing Capital Plan and Stress Test Rules
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 24, 2014
Last Friday, the Board of Governors of the Federal Reserve System approved a final rule (the “Final Rule”) amending certain aspects of the existing capital plan (the “Capital Plan Rule”) and stress test rules (the “Stress Test Rules”) applicable to bank holding...

 

HTMLTruth-In-Lending Rescission Not Possible Before Consummation
Marjorie A. Corwin, Travis W. Dalton; Gordon Feinblatt LLC;
Legal Alert/Article
November 14, 2014, previously published on November 2014
On October 23, 2014, the Maryland Court of Appeals reversed a Court of Special Appeals decision that would have let a consumer rescind a credit transaction by exercising Truth-in-Lending Act ("TILA") rescission rights before consummation of the transaction. The facts upon which the case...

 

HTMLU.S. Regulatory Update-Final Rules: Credit Risk Retention for CLOS
Grant E. Buerstetta, Jaiho Cho; Blank Rome LLP;
Legal Alert/Article
November 14, 2014, previously published on October 2014
Call to Action: The final risk retention rules will change the status quo for nearly all CLO managers beginning in the fourth quarter of 2016. All managers should begin assessing whether and how they will comply with the final rules once they come into effect and monitor ongoing market developments...

 

Adobe PDFBank Capital Plans and Stress Tests: Federal Reserve Issues Instructions and Guidance for the 2015 Comprehensive Capital Analysis and Review Program
Whitney A. Chatterjee, H. Rodgin Cohen, Elizabeth T. Davy, Mitchell S. Eitel, Michael T. Escue; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 29, 2014
On October 16, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) issued its summary instructions and guidance (the “CCAR 2015 Instructions”) for its supervisory Comprehensive Capital Analysis and Review program for 2015 (“CCAR 2015”)...

 

HTMLTermination Statement Causes Loss of Lien, Even If Erroneous
Lawrence D. Coppel; Gordon Feinblatt LLC;
Legal Alert/Article
November 14, 2014, previously published on November 2014
On October 17, 2014 the Delaware Supreme Court, in response to a question certified to it by the United States Court of Appeals for the Second Circuit, held that under Delaware Uniform Commercial Code § 9-513, a secured creditor lost its lien in collateral when it authorized the filing of a...

 

Adobe PDFPontiac General Employees Retirement System v. Healthways, Inc.: Delaware Chancery Court Declines to Dismiss Fiduciary Duty Claims Against Directors and Aiding and Abetting Claims Against Lender in Connection with Dead Hand Change of Control Provision in Credit Agreement
Francis J. Aquila, Audra D. Cohen, H. Rodgin Cohen, Mitchell S. Eitel, John E. Estes; Sullivan & Cromwell LLP;
Legal Alert/Article
November 14, 2014, previously published on October 27, 2014
In a bench ruling issued on October 14, 2014, the Delaware Court of Chancery (VC Laster) declined to dismiss fiduciary duty claims against the directors of Healthways, Inc. (“Healthways”) and an aiding and abetting claim against SunTrust Bank (“SunTrust”), the lender...

 


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