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|StAR Releases Useful Guide to Civil Asset Recovery|
Jamie Humphreys; Edwards Wildman Palmer LLP;
November 21, 2014, previously published on November 5, 2014In November 2014, the World Bank's Stolen Asset Recovery (StAR) Initiative published Public Wrongs, Private Actions: Civil Lawsuits to Recover Stolen Assets. It is available here. The book provides a step-by-step guide to States embarking on an asset recovery programme. It aims "to explore the...
|Fraudulent Misrepresentation by a Bank and the ISDA Master Agreement|
Richard Caird, Alexandra Doucas, Thomas Leyland; Dentons Canada LLP;
November 18, 2014, previously published on November 12, 2014Few claims result in judgments as long as that recently handed down by Mr Justice Males (the Judge) in the litigation between UBS, Kommunale Wasserwerke Leipzig GmbH (KWL), Depfa Bank plc and Landesbank Baden-Württemberg (LBBW), but the length of the judgment is proportionate to the complexity...
|International Payment Cards Processing: From Russia with Love|
John Stansfield, Andrei Strijak, Timothy Stubbs; Dentons Canada LLP;
November 18, 2014, previously published on November 11, 2014Amendments to the NPS Law, which entered into force 23 October 2014, would significantly affect further development of the Russian payment infrastructure. In fact they require international payment cards to be processed locally and aim to cement the role of the National Payment Card System as the...
|Pennsylvania Amends Act 47 to Give the Commonwealth More Oversight and its Municipalities Less Time to Reorganize|
William W. Kannel, Adrienne K. Walker; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 17, 2014, previously published on November 7, 2014Pennsylvania’s legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as “Act 47.” HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014.
|Examining the Effect of the Final Dodd-Frank Credit Risk Retention Rule Upon the Student Loan Finance Industry|
Stephen S. Kudenholdt, Robert B. Olin, Lauris G.L. Rall; Dentons Canada LLP;
November 17, 2014, previously published on October 23, 2014The Dodd-Frank Act’s required credit risk retention rules were finalized and adopted by US regulators this week. Below are certain excerpts from the adopting release and from the final rule regarding credit risk retention in student loan securitizations. Essentially, the specific rules...
|Eurasian Economic Union|
Victoria Simonova; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014On 29 May 2014, the presidents of Kazakhstan, Russia and Belarus signed an agreement (the "Treaty") in Astana on the Eurasian Economic Union (the "EaEU" or the "Union"). The Treaty will enter force on 1 January 2015. According to the Treaty, the Union is an...
|IRS Provides Increased Flexibility on Management Contracts for Tax-Exempt Bond-Financed Property|
Maxwell D. Solet; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 17, 2014, previously published on November 10, 2014On October 24, 2014, the Internal Revenue Service issued Notice 2014-67 (the “Notice”), which provides important guidance and increased flexibility for issuers and conduit borrowers of tax-exempt bonds regarding contracting with private parties in a manner that avoids “private...
|SEC Introduces "Control Person" Liability as Enforcement Action Weapon in Claim Against Municipal Officer for Misleading Bond Offering Document|
Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 17, 2014, previously published on November 10, 2014The U.S. Securities and Exchange Commission recently settled the first securities fraud charges brought against a municipal official alleging "control person" status under the federal securities laws. The SEC’s settlement with the former mayor of the city of Allen Park, Michigan...
|Clearing Becoming Clearer: ESMA Publishes Final Draft RTS on Interest Rate Derivatives and Consultation Paper on FX|
Rosali Pretorius; Dentons Canada LLP;
November 17, 2014, previously published on October 8, 2014ESMA published two documents on 1 October 2014 as the implementation of mandatory clearing of certain over-the-counter (OTC) derivatives gathers pace.
|Mandatory Privacy Training Rule for Federal Contractors Expected Soon|
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 17, 2014, previously published on November 10, 2014A rule to require federal contactors handling personally identifiable information to train their employees in safeguarding the information is close to release. Under the anticipated rule, contractor employees will have to undergo either agency training when the agency chooses to make it available,...