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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...

 

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...

 

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...

 

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.

 

HTMLNew debt restructuring opportunities in India?
Jonathan Leitch, Sandeep Mehta; DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 2015
It has long proved difficult to deal with financially distressed companies in India. One of the main reasons is the many tools available to the existing management of a company to prevent an external creditor from taking control over the company. On June 8, the Reserve Bank of India (RBI) issued a...

 

HTMLDeadline Looms for Greek Debt Proposals
DLA Piper (Canada) LLP;
Legal Alert/Article
September 9, 2015, previously published on July 9, 2015
The Greek government has until midnight, Brussels time, on Thursday 9 July 2015 to submit its new debt proposals to its international creditors.

 

HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...

 

HTMLUnauthorized Transfers Present Growing Risks for Commercial Accounts
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
Could your institution be at risk of liability for unauthorized wire transfers and Automated Clearing House (“ACH”) credit transfers? Data security breaches continue to garner headlines, and criminals continue to engage in targeted activities to steal millions of dollars in unauthorized...

 

HTMLAn Interview with David Barksdale, President and CEO of Carolina Premier Bank
Timothy R. Moore; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
Q: You recently took the helm of Carolina Premier. What has been the biggest surprise to you in your new role as a CEO? What has been the biggest surprise about Carolina Premier?

 


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