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HTMLEuropean Regulators Publish Second Consultation Paper on Margin for OTC Derivatives
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 7, 2015, previously published on July 6, 2015
On June 10, the European Supervisory Authorities (ESA) published a second consultation paper on draft Regulatory Technical Standards (RTS) to implement the European Market Infrastructure Regulation (EMIR) requirement that persons classified under EMIR as “financial counterparties” (FCs)...


HTMLNet Neutrality Rules take Effect
Samuel J. Frederick; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
April 10, 2015, previously published on March 27, 2015
The 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...


HTMLTurning Bytes of Data into a Farming Boon
John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
April 9, 2015, previously published on March 27, 2015
In 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...


Adobe PDFForeign 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;
Legal Alert/Article
March 27, 2015, previously published on January 26, 2015
On 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...


HTMLManaging Risks in Vendor Relationships
Alan B. Clark; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
For 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...


HTMLMilitary Lending Act: Let's Just Throw that Baby Out with the Bath Water
Maurice L. Shevin; Sirote & Permutt, P.C.;
Legal Alert/Article
March 23, 2015, previously published on January 13, 2015
The CFPB has joined in the fray over the expansion of the Military Lending Act's application to traditional installment lending.


HTMLFederal Law Friday: You Better Safeguard My Identity From The Bad Guys!
Maurice L. Shevin; Sirote & Permutt, P.C.;
Legal Alert/Article
March 19, 2015, previously published on December 5, 2014
In 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.


HTMLNevada 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;
Legal Alert/Article
March 19, 2015, previously published on March 10, 2015
In 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....


HTMLGreen Chemistry - The State of the States
Nathan S. Cardon, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
March 13, 2015, previously published on February 27, 2015
From 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...


HTMLWhat You Should Know When Financing a Business Acquisition
Alison W. Rind; Lerch Early Brewer Chartered;
Legal Alert/Article
March 9, 2015, previously published on February 12, 2015
Whether 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...


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