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HTMLBrazil’s CADE Executes Cooperation Agreement with IDB and World Bank
Eduardo Molan Gaban; Mayer Brown LLP;
Legal Alert/Article
March 18, 2015, previously published on March 17, 2015
The Administrative Council for Economic Defense (“CADE”) has recently executed a “Memorandum of Understanding” with the World Bank Group, as well as a “Covenant for Cooperation and Sharing of Information” with the Inter-American Development Bank...

 

HTMLPrevailing-party Agents Entitled to Attorney's Fees
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
March 13, 2015, previously published on February 9, 2015
In Curo Enterprises, LLC v. Dunes Residential Services, Inc., No. 111,191, 2015 Kan. App. LEXIS 1 (Kan.App. January 2, 2015), Curo, in its capacity as DPW’s agent, brought suit against Dunes, in its capacity as DPW’s property manager, in order to terminate DPW’s agreement with...

 

HTMLPleading Requirements for Illinois Mortgage Foreclosure Complaints Altered
Casey Hicks; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 13, 2015, previously published on March 2, 2015
Illinois law requires a Grace Period Notice ("GPN") to be sent to the mortgagor(s) prior to commencing an action to foreclose a mortgage secured by residential real estate. The GPN must include the date the notice was mailed, be headed in bold 14-point type "GRACE PERIOD NOTICE"...

 

HTMLRecovery Framework for Central Counterparties Proposed by ISDA 
Carol E. Derk, Sienne Lam; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on February 5, 2015
Central counterparties (CCPs) are a fundamental part of global financial markets, facilitating most over-the-counter (OTC) derivatives transaction flow and risk positions. If a CCP shuts down, it may not be able to continue its important services without the help of resolution authorities or public...

 

HTMLThe Quebec Court of Appeal Rules that Information Exchanged Between Financial Institutions and the OSFI May be Disclosed to a Plaintiff in a Litigious Context
Patrick Plante; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on February 2, 2015
The Quebec Court of Appeal, in a recent 2-to-1 decision, has upheld a judgment from the Superior Court forcing Manulife Financial to disclose a number of confidential documents exchanged between the insurance company and the Office of the Superintendent of Financial Institutions ("OSFI")....

 

HTMLFederal Reserve Bank of New York and Student Loans
David Head; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 13, 2015, previously published on February 24, 2015
If you enjoy pie charts, line graphs, bar graphs, and even histograms, like I do, then the Federal Reserve Bank of New York did us a favor last week with its 3 part student loan series in its blog, Liberty Street Economics. The continuous drumbeat from the press can be numbing. However, data...

 

HTMLUpdate On Amendments To The Personal Property Security Act (Ontario)
Shane B. Pearlman; Borden Ladner Gervais LLP;
Legal Alert/Article
March 13, 2015, previously published on January 13, 2015
The Government of Ontario has proposed three significant amendments to the Personal Property Security Act (Ontario) (the “PPSA”) in recent years which have not yet been brought into force. The changes are: (1) to perfection of security interests in cash collateral; (2) to the conflict...

 

HTMLThe CFPB to Regulate Payday Lending Practices
Courtney Blowers; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 13, 2015, previously published on February 24, 2015
Payday lenders and possibly other short-term loan lenders will soon be subject to federal regulations. Although the Consumer Financial Protection Bureau (“CFPB”) has not released its proposal yet, it is no secret that one is in the works.

 

HTMLHigh Court Rules that Borrowers May Exercise Right To Rescind Mortgage Loans By Providing Notice To Lender of Intent to Rescind Within Three Years of Loan Closing
Robert Freund, Jennifer L. Gray, Kimberly A. Mello; Greenberg Traurig, LLP;
Legal Form
March 12, 2015, previously published on January 20, 2015
On Jan. 13, 2015, the United States Supreme Court issued its long-awaited ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, 2015 WL 144681 (U.S. Jan. 13, 2015) resolving a circuit split over the notice requirements that must be complied with under the Truth In Lending Act (TILA), 15...

 

HTMLSupreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers
David A. Prather, Salvador P. Simao; Ford & Harrison LLP;
Legal Alert/Article
March 12, 2015, previously published on March 11, 2015
Executive Summary: On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior interpretation. In Nickols v. Mortgage Bankers...

 


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