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HTMLBusinesses Around the United States Being Targeted for Alleged Inaccessible Websites
Duane Morris LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class action lawsuits against banks for inaccessible ATMs and against...

 

Adobe PDFLaw No. 20,715: On Protection to Debtors of Money Loans
Felipe Moro, Diego Peralta, Francisco Ugarte; Carey;
Legal Alert/Article
August 15, 2014
On December 13, Law No. 20,715 was published in the Official Gazette, after an intense debate in the financial industry and over 2 years of discussion in Parliament. The new law modifies Law No. 18,010 on regulations on money loan transactions, Law No. 19,496 on protection of consumer rights and...

 

HTMLUsury in Florida: Are Late Fees Usurious?
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
Legal Alert/Article
August 15, 2014, previously published on August 14, 2014
When borrowers default under the terms of their loans, lenders often, in accordance with the loan documents, can assess late fees against the borrower. When lenders assess late fees around the time of or after a loan matures or is accelerated, however, the imposition of late fees has the potential...

 

HTMLLender Discretions: Understanding the Limits
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
Most facility agreements give the lender certain discretions. Sometimes the agreement will say the lender must exercise a discretion reasonably. But what if it doesn't? Adam Pierce explains the extent to which implied terms may limit a lender's discretions, with particular focus on some recent...

 

HTMLAccounting Is Not Only Important - It's Mandatory
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 2014
Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this doesn't normally happen because the bank has a fiduciary duty to account for...

 

HTMLReference Banks: A Dying Breed?
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
The Wheatley Report on LIBOR, published nearly two years ago, noted the potential problems of relying on reference bank rates as a fall-back cost of funds benchmark "in the event of longer-term disruption to the publication of LIBOR". It recommended that industry bodies and market...

 

HTMLEU Regulatory Reform: The Past Six Months
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
It seems a long time since the global agreement on the need for radical reform of financial services regulation in the wake of the financial crisis. We always knew measures would take months and years in the negotiation and implementation stages. Suddenly, since the beginning of 2014, several...

 

HTMLThe Fons Decision: Regulatory Implications for Parties to Loan Agreements
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
In Fons Hf v. Corporal Ltd & Anor (Fons), the Court of Appeal held, in the context of a specific agreement, that "debentures" included loan agreements, on the basis that a loan agreement "creates or acknowledges a debt". Although the Court of Appeal did not consider the...

 

HTMLProspects for Export-Import Bank Improve
McDonald Hopkins LLC;
Legal Alert/Article
August 13, 2014, previously published on August 8, 2014
Prospects for reauthorization of the Export-Import Bank seem to be improving after a very rough month for proponents of the bank.

 

Adobe PDFSubscription Credit Facilities and the Volcker Rule
Timothy R. Hicks, Michael C. Mascia, Wesley A. Misson; Mayer Brown LLP;
Legal Alert/Article
August 13, 2014, previously published on Summer 2014
On December 10, 2013, the federal financial agencies approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule. Section 619 added a new section 13 to the Bank Holding Company Act of 1956, which...

 


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