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Documents on Banking Law, Banking & Financial Services
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Leo Spicer-Phelps; Edwards Wildman Palmer LLP;
April 17, 2014, previously published on April 15, 2014In Saville v Central Capital Limited  EWCA Civ 337, the Court of Appeal upheld an appeal brought by a couple provided with insufficient payment protection insurance (PPI) sold in breach of the Insurance Conduct of Business Rules (the ICOB Rules).
|FFIEC Issues Joint Statement on New ATM Cyber-Attack|
Robert L. Carothers; Jones Walker LLP;
April 15, 2014, previously published on April 10, 2014On April 2, 2014, the Federal Financial Institutions Examination Council ("FFIEC") issued a joint statement alerting financial institutions about a recent increase in cyber-attacks launched in connection with a type of large dollar ATM cash-out fraud characterized as "Unlimited...
|Volcker Rule: Federal Reserve Issues Statement of Intent to Extend the Volcker Rule Conformance Period Through July 21, 2017 for CLOs|
Sullivan Cromwell LLP;
April 15, 2014, previously published on April 8, 2014Late yesterday afternoon, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) released a statement regarding the treatment of collateralized loan obligations (“CLOs”) under Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act...
|New York’s Highest Court Strengthens Forum Non Conveniens Doctrine in Cases Having Peripheral Connection to New York Banking System: Mashreqbank PSC v. Ahmed Hamad Al Gosaibi & Brothers Company|
Sullivan Cromwell LLP;
April 15, 2014, previously published on April 10, 2014In an opinion issued on April 8, 2014, the New York Court of Appeals unanimously dismissed on forum non conveniens grounds a case arising from a foreign exchange transaction between a bank in the United Arab Emirates and a general partnership in Saudi Arabia, where the only nexus between the...
|Before You Send the Default Letter, . . .|
Rick L. Knuth; Jones, Waldo, Holbrook & McDonough A Professional Corporation;
April 14, 2014, previously published on April 2, 2014My blog entry of February, 2013 addressed using a pre-negotiation agreement before starting loan modification or workout discussions with a defaulting borrower. My central point was that pre-negotiation agreements are useful in two ways: (1) to cut off any claims of waiver and to clear the...
|EU Banking Union: Political Agreement Reached on Single Resolution Mechanism|
Patrick Brandt, Christopher Mallon, Sven G. Mickisch, William J. Sweet, Sebastian Way; Skadden, Arps, Slate, Meagher & Flom LLP;
April 14, 2014, previously published on April 10, 2014On March 20, 2014, the European Parliament announced that it had reached political agreement with the European Council on the regulation implementing a single resolution mechanism (SRM), which is an essential element of the proposed EU Banking Union, the new regulatory system to formally cover...
|Ninth Circuit Holds That a National Bank Is “Located” Only in the State of its Main Office for the Purposes of Diversity Jurisdiction|
Seth M. Gerber, Christopher A. Raftery; Bingham McCutchen LLP;
April 11, 2014, previously published on April 9, 2014A recent Ninth Circuit opinion makes it easier for national banks to have access to a federal forum under diversity jurisdiction. In Rouse v. Wachovia Mortgage, FSB, No. 12-55278, 2014 WL 1243869 (9th Cir. Mar. 27, 2014), the dispositive issue before the appellate court was whether a national bank...
|IRS Says Bitcoin Isn’t Money|
Joel Cazares; Sheppard, Mullin, Richter & Hampton LLP;
April 11, 2014, previously published on April 7, 2014On March 25, 2014 the IRS issued Notice 2014-21, which describes how the IRS will interpret existing general tax principles to apply to transactions using “virtual currencies” such as Bitcoin. This Notice is the most recent in a line of similar regulatory pronouncements issued by...
|New Anti-Crises Measures by National Bank of Ukraine|
Dentons Canada LLP;
April 8, 2014, previously published on April 1, 2014 Resolution - 172 of the Management Board of the National Bank of Ukraine dated 28 March 2014 (the “Resolution”)
|Did You Miss It? Important New Guidance for Financial Institutions Using Social Media|
R. Scott Adams; Spilman Thomas & Battle, PLLC;
April 4, 2014, previously published on March 28, 2014At the end of last year, the members of the Federal Financial Institutions Examination Council (FFIEC), published final supervisory guidance titled “Social Media: Consumer Compliance Risk Management Guidance.” Financial institutions must be aware that examiners will look at compliance...