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|Non-Performing Loan Transactions in Italy; Guarantee to be Provided by Italian Government|
Giuseppe Mezzapesa, Francesco Squerzoni, Mario Todino, Vinicio Trombetti; Jones Day;
February 5, 2016, previously published on January 2016On January 26, 2016, the Italian Government and the European Commission have agreed on the terms under which guarantees may be provided by the Italian Government for Non-Performing Loan (“NPL”) transactions.
|U.S. Treasury Department Will Require Certain Title Insurance Companies and Their Agents To Report the Identities of the Ultimate Beneficial Owners of Entities Used To Buy Manhattan or Miami Residential Real Estate in All-Cash Purchases |
Shannon L. Bothwell, Jared E. Dwyer, Carl A. Fornaris, Robert J. Ivanhoe, Wendy Li; Greenberg Traurig, LLP;
February 2, 2016, previously published on January 15, 2016On Jan. 13, 2016, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) issued Geographic Targeting Orders (GTOs) applicable to certain U.S. title insurance companies and their subsidiaries and “agents” (collectively, the Targeted Title Insurance...
|Magnolia LNG Extends Closing Date for Meridian LNG Tolling Agreement|
Sutherland Asbill Brennan LLP;
February 2, 2016, previously published on February 1, 2016Today, Magnolia LNG, LLC announced that Magnolia and Meridian LNG Holdings Corp (Meridian LNG) have agreed to extend the financial close date condition precedent for Magnolia LNG from June 30, 2016 to December 31, 2016. In 2015, Magnolia announced that it had entered into a tolling agreement with...
|FFIEC Issues Joint Statement on Cyber Attacks Involving Extortion|
Sutherland Asbill Brennan LLP;
January 21, 2016, previously published on January 21, 2016The Federal Financial Institutions Examination Council (FFIEC) recently issued a joint statement to notify financial institutions of the increasing frequency and severity of cyber attacks involving extortion. These attacks use a variety of tactics, such as ransomware, denial of service, and theft...
|Price Optimization: 2015 Year in Review and a Look Ahead|
Eric A. Arnold, Thomas W. Curvin, John S. Pruitt, Stephen E. Roth, Phillip E. Stano; Sutherland Asbill & Brennan LLP;
January 20, 2016, previously published on January 20, 20162015 saw approximately one-third of U.S. states1 join the first state, Maryland, in issuing guidance to property and casualty insurers with respect to price optimization; action by the National Association of Insurance Commissioners (NAIC) in approving a white paper on price optimization; and...
|The Anti-Cookson Clause Revisited: A Useful Tool for Lien Restrictions|
Anthony Pirraglia; Loeb & Loeb LLP;
January 8, 2016, previously published on January 2016In any secured financing, lenders are concerned about their liens being primed. This is of particular concern where the financing permits, as many financings often do, the incurrence of additional secured debt by the borrower or issuer. While there are a number of restrictions that can be added to...
|Déjà vu: FERC’s Etracom Show Cause Order and Allegations of Related Trading, Market Manipulation, and CAISO Software Errors|
Gregory K. Lawrence, Mian R. Wang; Greenberg Traurig, LLP;
January 5, 2016, previously published on December 22, 2015On Dec. 16, 2015, FERC issued an Order to Show Cause and Notice of Proposed Penalty, directing Etracom LLC (Etracom) and its principal member and primary trader Michael Rosenberg, to show cause: (1) why they should not be found to have violated FERC’s anti-manipulation rules and the Federal...
|U.S. Supreme Court Rules Fair Housing Act May Be Violated Without Intent|
Floyd Boone, Julia A. Chincheck, Sandra M. Murphy; Bowles Rice LLP;
January 4, 2016, previously published on July 7, 2015On 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,...
|Hailing a CAB - Does FINRA’s Proposed Capital Acquisition Broker Rule Set Get Private Fund Sponsors to Their Desired Destination?|
Eric A. Arnold, Clifford E. Kirsch, Michael B. Koffler, Susan S. Krawczyk, Yasho Lahiri; Sutherland Asbill & Brennan LLP;
January 4, 2016, previously published on December 31, 2015For many years, the private fund industry and the securities bar have called for a limited rule set to govern broker-dealers solely engaged in raising capital for private funds or other issuers of unregistered securities or in merger and acquisition advisory activities.1 These broker-dealers would...
|CFTC Adopts Margin Requirements for Uncleared Swaps|
Patrick A. Calves, Nihal S. Patel, Jeffrey L. Robins, Michael Sean Selig; Cadwalader, Wickersham & Taft LLP;
December 30, 2015, previously published on December 17, 2015Yesterday, the Commodity Futures Trading Commission (“CFTC”) held an open meeting at which it voted to adopt final rules (the “CFTC Margin Rules”)1 governing margin requirements for uncleared swaps (“Swaps”) entered into by swap dealers and major swap...