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Adobe PDFAre You Ready for the Emerging Market Credit Bust?
Corinne Ball, Ferdinand Mason, Stephen J. Pearson, Jayant W. Tambe; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Many commentators predict that a wave of emerging market ("EM") credit defaults will cause the next financial crisis. Despite being only a few days old, 2016 has already seen a major wobble in Chinese stocks and a second default by Puerto Rico. EM corporate debt outside the financial...


HTMLVirtual Currencies and the Risks They Bring to Community Banks and the Financial Industry
Nicholas P. Mooney; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
January 25, 2016, previously published on December 30, 2015
Virtual currencies are once again at the forefront of discussion about top issues facing community banks and the financial industry as a whole. The Independent Community Bankers of America (“ICBA”), a trade association representing more than 6,500 community banks, recently published its...


HTMLCFPB Responds to MBA Concerns Over TRID
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
January 19, 2016, previously published on January 7, 2016
On December 21, 2015, the Mortgage Bankers Association (MBA) sent aletter to the CFPB seeking guidance on industry concern that secondary market purchasers of mortgage loans were rejecting a high rate of these loans due to technical violations of the TILA/RESPA Integrated Disclosure (TRID) rule. In...


HTMLU.S. Supreme Court Rules Fair Housing Act May Be Violated Without Intent
Floyd Boone, Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
Legal Alert/Article
January 4, 2016, previously published on July 7, 2015
On Thursday, June 25, in a decision long-awaited by the banking and financial services community, the United States Supreme Court ruled that the Fair Housing Act ("FHA") may be violated without establishing that a defendant intended or was motivated to discriminate based upon race, color,...


HTMLRecent Consent Order Enhances Fair Lending Risks to Financial Institutions
Craig N. Landrum; Jones Walker LLP;
Legal Alert/Article
January 4, 2016, previously published on December 17, 2015
In late September 2015, the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and Hudson City Savings Bank, Paramus, New Jersey, entered into a Consent Order to settle allegations of violations of the Equal Credit Opportunity Act and the Fair Housing Act. The terms of...


Adobe PDFGetting the Deal Through Loans and Secured Financing, Greece Chapter
Athanasia Tsene; M. & P. Bernitsas Law Offices;
Legal Alert/Article
December 23, 2015, previously published by Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Loans & Secured Financing 2016, (published in August 2015; contributing editor: George E Zobitz, Cravath, Swaine & Moore LLP).  For further information please visit on August 2015
The title covers all aspects of the leveraged loan and secured lending markets and includes expert analysis on: advantages and disadvantages of bank loans versus debt securities; common forms of bank loan facilities; loan terms and structures; disclosure requirements; investor limitations; limits...


Adobe PDFForeign Banks, U.S. Branches, and Equity Swaps
John Kaufmann; Greenberg Traurig, LLP;
Legal Alert/Article
December 22, 2015, previously published on December 08, 2015
When foreign banks doing business in the U.S. calculate gain or loss from equity swaps, they would do well to pay attention to common law doctrines of beneficial ownership. This is the case even though these doctrines have recently lost much of their relevance for withholding tax purposes.


HTMLQuébec's New Regime Concerning Security on Monetary Claims
Lise Morissette; Borden Ladner Gervais LLP;
Legal Alert/Article
December 9, 2015, previously published on November 30, 2015
On April 21, 2015, Bill 28, which amends certain provisions of the Civil Code of Québec (the "CCQ") in order to allow the creation of movable hypothecs with delivery (pledges) on certain monetary claims, was assented to. These amendments will come into force on January 1, 2016.


HTMLGreater Clarity for Secured Lenders: New Rules taking effect December 31
Diane P.L. Brooks; Blaney McMurtry LLP;
Legal Alert/Article
December 7, 2015, previously published on December 1, 2015
You lend money to a technology company so that it can research, develop and market a new software package. As security for your loan, you take a security interest in that company’s intellectual property and accounts receivable. The company runs into trouble. You conclude, reluctantly, that...


HTMLWe Agreed to What? Lease Extensions & The Standard Form Lease in 1251614 Ontario Ltd. v Gurudutt Inc.
Brennan M. Carroll, Mario Pedro; Borden Ladner Gervais LLP;
Legal Alert/Article
December 3, 2015, previously published on November 26, 2015
The Ontario Superior Court of Justice's contentious judgement in 1251614 Ontario Ltd. v. Gurudutt Inc., 2015 ONSC 2141 provides a cautionary lesson for tenants entering into leases and those exercising lease extension or renewal options (referred to as extensions hereafter). The judgment is the...


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