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|Net Neutrality Rules take Effect|
Samuel J. Frederick; Foster, Swift, Collins & Smith, P.C.;
April 10, 2015, previously published on March 27, 2015The Federal Communications Commission (FCC) passed new rules regarding broadband Internet service regulation in February this year. The concept is referred to as “Net Neutrality”. The ruling appears to frame the Internet into two spheres: (1) the content of the Internet (“content...
|Turning Bytes of Data into a Farming Boon|
John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
April 9, 2015, previously published on March 27, 2015In an industry built around nature, the earth and the environment, it would have been hard to predict - even 20 years ago - the integral role technology would ultimately play in the agriculture industry. The modern farm operation is using satellite- and microchip-driven equipment, high-tech seeds...
|Foreign Fund Was Engaged in a Trade or Business in the United States as a Result of Lending and Underwriting Activities|
Jeffrey D. Hochberg, Donald L. Korb, Eric M. Lopata, Andrew P. Solomon, David C. Spitzer; Sullivan & Cromwell LLP;
March 27, 2015, previously published on January 26, 2015On January 2, 2015, the Internal Revenue Service (the “IRS”) released Advice Memorandum 201501013 (the “Advice Memorandum”) from the Office of Chief Counsel. The Advice Memorandum concludes that a partnership was engaged in a U.S. trade or business through lending and...
|Managing Risks in Vendor Relationships|
Alan B. Clark; Williams Mullen;
March 24, 2015, previously published on March 5, 2015For years, banks have relied on third party vendors to provide specialized products or services, or have used outsourcing as a way to reduce internal operating costs. In the wake of the financial crisis, however, regulators have become increasingly concerned about the risks associated with such...
|Military Lending Act: Let's Just Throw that Baby Out with the Bath Water|
Maurice L. Shevin; Sirote & Permutt, P.C.;
March 23, 2015, previously published on January 13, 2015The CFPB has joined in the fray over the expansion of the Military Lending Act's application to traditional installment lending.
|Nevada Supreme Court Clarifies That 'Consideration Paid' by Successor Note-Holders Can Limit Recovery in Deficiency Actions|
Leslie S. Godfrey, Kara B. Hendricks, Michael R. Hogue; Greenberg Traurig, LLP;
March 19, 2015, previously published on March 10, 2015In late 2013, the Nevada Supreme Court issued a 5-2 decision in Sandpointe Apartments v. Eighth Judicial Dist. Ct. which found that 2011 amendments modifying Nevada’s anti-deficiency protections created limitations on the amount a note-purchaser could recover as part of a deficiency judgment....
|Federal Law Friday: You Better Safeguard My Identity From The Bad Guys!|
Maurice L. Shevin; Sirote & Permutt, P.C.;
March 19, 2015, previously published on December 5, 2014In our Federal Law Friday series, each week we review a different Federal law or regulation that should be covered by a finance company’s policies, procedures and compliance management system. This week, we review the Red Flags Rule.
|Green Chemistry - The State of the States|
Nathan S. Cardon, Sheila A. Millar; Keller and Heckman LLP;
March 13, 2015, previously published on February 27, 2015From one corner of the country to the other - literally, from California to Maine - industry is facing a growing number of green chemistry initiatives, each giving states varying degrees of authority to regulate “chemicals of concern” in certain consumer products. Some laws apply only...
|What You Should Know When Financing a Business Acquisition|
Alison W. Rind; Lerch Early Brewer Chartered;
March 9, 2015, previously published on February 12, 2015Whether a purchaser is an employee, minority owner of a small business, or merely seeking a new business opportunity, financing options for the purchase and sale of businesses have always been an obstacle. While existing owners may seek to retire or begin new business ventures, the lack of...
|Prepayment Premium Language: A Trap for the Unwary Lender|
Arnold D. Spevack; Lerch Early Brewer Chartered;
March 9, 2015, previously published on February 12, 2015A recent Maryland U.S. District Court decision in Key Tidewater Ventures LLC, et al v. PNC Bank highlighted some of the pitfalls a lender faces when modifying loan documents. Subsequent to entering into a loan modification agreement with borrowers, a lender had difficulty enforcing a prepayment...