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HTMLMARCOTTE - The Banks and Provincial Laws
James H. Archer, Ana Badour, Robert P. Metcalfe; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 23, 2014
On September 19, 2014, the Supreme Court of Canada delivered decisions in three related appeals from the Québec Court of Appeal that have come to be known collectively as ”Marcotte.” These class actions arose out of a very narrow issue concerning the requirements under the...

 

HTMLHouse Passes Bill Modifying Points and Fees Determination for Qualified Mortgages
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 16th, by a margin of 327-97, the U.S. House of Representatives passed a consolidated bill, the “Insurance Capital Standards Clarification Act of 2014” (H.R. 5461), that would make adjustments to various provisions of the Dodd-Frank Act. The vote was taken under a procedure...

 

HTMLCFPB Issues Proposed Rule for Larger Participants in the Nonbank Auto Lending Market
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 18th, the CFPB issued a long-awaited proposed rule to define larger participants in the nonbank auto lending market. Once effective, the rule will give the CFPB power to supervise this group of financial institutions. The rule would define “larger participants” in the...

 

HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...

 

Adobe PDFBank Resolution and Capitalization: Anticipated TLAC Proposal: Impact on Banks’ Balance Sheet Structures and Resolution Plans
Sullivan Cromwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 23, 2014
It appears increasingly likely that the Financial Stability Board (the “FSB”), followed by the Board of Governors of the Federal Reserve System (the “Federal Reserve”) (and other national regulators, possibly including other U.S. banking agencies), will soon issue proposals...

 

Adobe PDFBasel III Liquidity Framework: Federal Reserve Approves Final Rule Implementing Basel III Liquidity Coverage Ratio for Large U.S. Banks
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
On Wednesday, September 3, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC” and, together with the Federal Reserve and...

 

HTMLIndustry Canada Announces Online Deposit Tool to Register Security Interests Over Railcars or Rolling Stock in Canada
Jennifer Wasylyk; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 19, 2014
In previous publications, we provided an overview of the process for registering security interests over railcars or rolling stock in Canada and outlined considerations to be mindful of when taking railcar security in Canada, including considerations relating to the recent introduction of the...

 

HTMLUsing Interest Accrual as a Bargaining Tool
Timothy Spencer; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 9, 2014
Creating incentives to entice responsible parties to pay outstanding nursing home debts is by no means easy. Particularly so in the nursing home arena, the mechanisms with which a nursing home facility may equip itself in order to encourage responsible parties to pay off owed debts often proves to...

 

HTMLThe Marcotte Decision: The Supreme Court of Canada Rules Against Banks in Provincial Consumer Protection Class Action
David T. Neave, Rebecca R. von Rüti; Davis LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
On September 19, 2014, the Supreme Court of Canada (the “Court”) ruled in Bank of Montreal v. Marcotte (“Marcotte”) that Quebec’s consumer protection legislation is applicable to federally regulated banks such that it provides the basis for consumer class actions in...

 

Adobe PDFSecurity-Based Swaps: SEC Proposes Rule Regarding Communications Involving Security-Based Swaps Entered Into Solely by Eligible Contract Participants
Sullivan Cromwell LLP;
Legal Alert/Article
September 23, 2014, previously published on September 10, 2014
On September 8, 2014, the Securities and Exchange Commission proposed a rule under the Securities Act of 1933 to provide that the publication or distribution of price quotes relating to security-based swaps that may be purchased only by eligible contract participants and are traded or processed...

 


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