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Adobe PDFFirst it was Enron ...Then Big Banks .... Is the Nonprofit Next?
Gary R. Pannone; Pannone Lopes Devereaux & West LLC;
White Paper
October 14, 2016
It has been more than a decade since the American Competitiveness and Corporate Accountability Act of 2002 ("Sarbanes-Oxley Act") was signed into law and we have now had another recession caused in large part by irresponsible lending by banks. It was the same type of actions by Enron,...

 

HTMLChanging Seasons of FDIC Shared-Loss Programs
Duane Morris LLP;
Legal Alert/Article
October 6, 2016, previously published on September 22, 2016
As we head into autumn, many of us change our seasonal wardrobes, replace the filters in our home heating/cooling systems, swap our summer screens for winter’s storm windows and ready our vehicles for winter. Bankers participating in a Federal Deposit Insurance Corporation (FDIC) shared-loss...

 

HTMLFraudulent Misrepresentation to Receivers and beyond: Meridian Credit Union Limited v Baig
Evita Ferreira; Borden Ladner Gervais LLP;
Legal Alert/Article
October 6, 2016, previously published on September 28, 2016
The Ontario Court of Appeal in Meridian Credit Union Limited v Baig1 made it clear that misinforming a receiver during the purchase of a property, even by omission, will not be tolerated. Purchasers in the context of a receivership have an obligation to ensure that the receiver is aware of all of...

 

HTMLFirst-Ever: Cybersecurity Regulations Released by New York Department of Financial Services
Duane Morris LLP;
Legal Alert/Article
October 5, 2016, previously published on September 16, 2016
After surveying nearly 200 of its regulated banking and insurance companies for industry insight, the New York Department of Financial Services (the “NYDFS”) proposed a first-ever, cybersecurity regulation, on September 13, 2016, to protect against the growing threat of cyber-attacks....

 

HTMLCommunity Bank Regulatory Environment Post Wells Fargo
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
October 3, 2016, previously published on September 29, 2016
By now it is well known that Wells Fargo Bank, N.A. entered a Consent Order regarding improper sales practices such as (1) engaging in “simulated funding” where employees opened deposit accounts without consumers’ knowledge or consent and then transferred funds from...

 

HTMLConflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
Ben Rosenblum; Jones Day;
Legal Alert/Article
September 30, 2016, previously published on September/October 2016
In Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit held that the “safe harbor” under section 546(e) of the Bankruptcy Code for settlement...

 

HTMLFighting Money Laundering
Shashi Nathan; Withers Bergman LLP;
Legal Alert/Article
September 26, 2016, previously published on September 15, 2016
A tough stance against financial crime is necessary to protect Singapore’s reputation as a clean and trusted financial centre.

 

HTMLWhat Do the Revisions to Ohio's Foreclosure Procedures Mean for Creditors?
Larry R. Rothenberg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 26, 2016, previously published on September 13, 2016
In an abrupt move to beat the summer recess, the Ohio legislature passed H.B. 390, which becomes effective September 28, 2016. Despite the bill's title, "Sales tax-exempt sale of natural gas by municipal gas company," the 212-page bill includes numerous provisions applicable to Ohio's...

 

HTMLCyber Risk Management - New York State Regulation for Financial Institutions
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
September 26, 2016, previously published on September 16, 2016
On September 13, 2016, the New York State Department of Financial Services published for comment a proposed cybersecurity regulation for the financial industry. The regulation provides important, detailed guidance for all organizations to help manage cyber risks.

 

HTMLFederal Reserve Recommends that Congress Restrict Banking Activities - A Step Back Towards Glass-Steagall?
Joan S. Guilfoyle; Jones Walker LLP;
Legal Alert/Article
September 22, 2016, previously published on September 15, 2016
On September 8, the Board of Governors of the Federal Reserve System (the "Federal Reserve"), the FDIC and the Office of the Comptroller of the Currency (collectively, the "federal banking agencies") issued a joint report to Congress and the Financial Stability Oversight Council...

 


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