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|OCIE Issues New Cybersecurity Risk Alert|
Richard M. Cutshall; Greenberg Traurig, LLP;
September 24, 2015, previously published on September 21, 2015As evidenced by releases from various Divisions within the SEC, including the Division of Investment Management’s Guidance Update No. 2015-02 released in April of this year, issues of cybersecurity continue to be a focus of the SEC. The most recent example of this focus came earlier this week...
|FINRA's Projected 2015 Fines: Not Keeping Pace With 2014’s Total, But Still a Blockbuster Year|
Peter J. Anderson, Eric A. Arnold, Bruce M. Bettigole, Patricia A. Gorham, Olga Greenberg; Sutherland Asbill & Brennan LLP;
September 22, 2015, previously published on September 21, 2015Despite a slowdown in the fines reported in 2015, the Financial Industry Regulatory Authority (FINRA) has continued to flex its enforcement muscle so far this year. During the first half of 2015, FINRA reported $37.5 million in fines in its monthly Disciplinary and Other FINRA Actions publications...
|Sham lawsuits in lending cases between natural person in China?|
YingKe Law Firm;
September 18, 2015, previously published by Hg.org on September 17, 2015As every people can see, China economy is going down. With the tendancy, lending disputes are emerging with large amount. Among these cases are some sham lawsuits which influence judges' discretion.
|EB-5 Financing Matters: 5 Things The Wall Street Journal Did Not Mention about Real Estate Finance and the EB-5 Program|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 14, 2015, previously published on September 11, 2015The Wall Street Journal recently published two articles about the EB-5 Regional Center Program: a blog entry and a front page editorial-like review of the program. Both articles highlight gerrymandering of targeted employment areas, purported use of the EB-5 Program as cheap financing, lobbying and...
|Play It Safe: Public Bidding Laws and P3s|
Jonathan R. Mayo; Smith, Currie & Hancock LLP;
September 14, 2015, previously published on September 10, 2015Public-Private Partnerships (“P3”) are a popular project delivery method for many state and local agencies across the nation. A key question that private parties interested in pursuing a P3 project should answer before diving in is whether the P3 procurement is subject to, and in...
|Proposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance|
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
September 10, 2015, previously published on July 1, 2015Senator Ron Wyden (D-OR) has released legislation, the Offshore Reinsurance Tax Fairness Act (ORTFA), which aims to close what he perceives to be a loophole used to exploit an exception to the passive foreign investment company or PFIC tax rules.
|Royalty Regime - Here we go... again|
Michael C. Barbero; McLennan Ross LLP;
September 4, 2015, previously published on August 28, 2015Earlier today the provincial government announced the composition of the panel members who will undertake a review of the Alberta Royalty Regime.
|Coming Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR|
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
September 2, 2015, previously published on September 1, 2015On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market Infrastructure Regulation (EMIR) (the EU IRS Clearing Rules). The EU IRS Clearing Rules are subject to approval by...
|Expansion of Issuer Liability for Crowdfunding: What Might this Mean for the EB-5 Industry|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
September 2, 2015, previously published on September 1, 2015Section 4A(c) of the Securities Act of 1933 (“The 1933 Act”), 15 USC § 77d-1(c), is part of the new crowdfunding regime. The JOBS Act of 2012, Pub. L. No. 112-106, 126 Stat. 306 (2012), created a liability scheme for issuers and intermediaries in an exempt crowdfunding offering....
|Eleventh Circuit: Enhanced TILA Disclosure and Remedies Not Applicable to UCC Article 9 Fixture Filers, As No Security Interest Created in Consumers’ Homes|
Murray B. Silverstein, Jonathan S. Tannen; Greenberg Traurig, LLP;
September 1, 2015, previously published on August 31, 2015The Eleventh Circuit recently ruled that fixture filings do not expose lenders to the enhanced disclosure requirements or remedies of the federal Truth in Lending Act (TILA), holding that a security interest in goods-even if the goods are deemed fixtures-does not extend to consumers’ homes.