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HTMLRepeal of the Interest-Withholding Tax on Certain Cross-Border Loans
Jones Day;
Legal Alert/Article
October 16, 2014, previously published on October 2014
As 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...

 

HTMLProposed Bankruptcy Rule and Official Form Changes
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
The 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,...

 

HTMLU.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
In 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"...

 

HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections 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...

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
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...

 

HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
October 13, 2014, previously published on September 24, 2014
On 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...

 

HTMLLenders 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.;
Legal Alert/Article
October 13, 2014, previously published on September 26, 2014
Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”).

 

HTMLPentagon Proposes Amendments to Military Lending Regulations
Eric J. Dyas; Jones Walker LLP;
Legal Alert/Article
October 10, 2014, previously published on October 2, 2014
On 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...

 

HTMLDisaster Recovery and Preparedness: Does Your Credit Union have a Plan?
Matthew D. Urban; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
October 10, 2014, previously published on September 25, 2014
Each 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...

 

Adobe PDFCross-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;
Legal Alert/Article
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...

 


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