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|Repeal of the Interest-Withholding Tax on Certain Cross-Border Loans|
October 16, 2014, previously published on October 2014As a rule, if a nonresident lender grants a loan to an Italian resident borrower, the interest paid on the loan is subject to a 26 percent withholding tax in Italy unless the lender is eligible for the exemption under the Italian laws that implemented the EU Interest and Royalties Directive. The...
|Proposed Bankruptcy Rule and Official Form Changes|
Mark G. Douglas; Jones Day;
October 16, 2014, previously published on September/October 2014The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules have proposed amendments to their respective rules and forms and have requested that the proposals be circulated to the bench, bar, and public for comment. The public comment period closes on Tuesday,...
|U.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition|
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
October 16, 2014, previously published on September/October 2014In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title"...
|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...
|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”).
|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...
|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...
|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...