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HTMLPremium - In Whose Interest?
Tawnee Ebbs, Louisa Watt; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
The Loan Market Association (“LMA”) Standard Terms & Conditions for Par & Distressed Trade Transactions (Bank Debt/Claims) (the “Terms and Conditions”) are the recommended set of terms published by the LMA and commonly used for the trading of loans and claims in the...

 

HTMLCFPB Enforcement Action Against Collection Agency and Its Service Providers
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 14, 2015
On April 8, the CFPB announced that it had sued a debt collection agency, its individual owners, and its service providers in the United States District Court for the Northern District of Georgia for allegedly violating the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial...

 

HTMLCFPB Outlines Payday Loan Rule
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on March 31, 2015
The CFPB held a field hearing on payday lending March 26 in Richmond, Va., where it announced the details of the payday loan rule that it is considering proposing. Although the outline of the rule provided by the CFPB is not a formal notice of proposed rulemaking, it is referred to in this Alert as...

 

HTMLNew Agreement for Cooperation and Facilitation of Investments (ACFI) between Brazil and Mozambique
Paulo Rage; Tauil & Chequer Advogados in association with Mayer Brown LLP;
Legal Alert/Article
April 16, 2015, previously published on April 2, 2015
On March 30th, 2015, Brazil and Mozambique signed an Agreement for Cooperation and Facilitation of Investments (ACFI) in Maputo. The signing of the ACFI seeks to leverage the internationalization of companies between the two countries by providing greater security for investors in the signatory...

 

HTMLA Boost to Vietnamese Outbound Investment?
David Harrison, Viet Hung Nguyen; Mayer Brown JSM Vietnam Limited;
Legal Alert/Article
April 16, 2015, previously published on April 8, 2015
Vietnam's new investment law, which was passed on 26 November 2014 and takes effect on 1 July 2015 ("New Investment Law"), is expected to pave the way for increased foreign investment to flow into the country. A secondary goal of the New Investment Law, however, is to facilitate outbound...

 

HTMLOntario Subsequent Mortgagee Loses Priority for Fraudulent Prior Discharge
Renée Brosseau, Jordan R.M. Deering, Mark G. Evans; Dentons Canada LLP;
Legal Alert/Article
April 16, 2015, previously published on February 19, 2015
In CIBC Mortgages Inc. v. Computershare Trust Co. of Canada,[1] the Ontario Superior Court of Justice considered applications from competing mortgagees to a property where the first charge had been discharged by fraud and subsequent mortgages were obtained. The Court decided that although the...

 

Adobe PDFThe US Consumer Financial Protection Bureau’s “Abusive” Standard — Early Lessons
Catherine A. Bernard, Reginald R. Goeke, Jeffrey H. Redfern; Mayer Brown LLP;
Legal Alert/Article
April 14, 2015, previously published on February 12, 2015
The Dodd-Frank Act granted the Consumer Financial Protection Bureau (CFPB or Bureau) the authority to combat “unfair, deceptive, or abusive” practices in the consumer finance industry. “Unfair and deceptive” acts and practices have long been prohibited by the Federal Trade...

 

Adobe PDFCharges Cap in Money Purchase Default Arrangements: Mapping and White-Labelling
Jonathan Moody, Ian Wright; Mayer Brown International LLP;
Legal Alert/Article
April 14, 2015, previously published on February 2015
The final version of the charges cap regulations were published last week and are due to come into force on 6 April. Broadly, they will impose a 0.75% cap on charges in money purchase default arrangements. But the regulations give an unexpectedly wide meaning to “default arrangement” in...

 

HTMLWARN Act Liability for Private Equity Funds
Adam Dunst; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on April 7, 2015
There is a recent tendency for workers who lose employment at a private equity fund’s portfolio company as a result of a plant closing or a layoff to sue the private equity fund for violations of the federal Worker Adjustment and Retraining Notification Act (WARN Act) and similar state...

 

HTMLMandatory Central Counterparty Clearing of OTC Derivatives in Canada
Laure Fouin, Candace Pallone, Sonia J. Struthers; McCarthy Tétrault LLP;
Legal Alert/Article
April 14, 2015, previously published on March 24, 2015
The Canadian Securities Administrators (CSA) has proposed mandatory central counterparty clearing of certain standardized over-the-counter (OTC) derivative transactions consistent with its goal to improve transparency in the OTC derivatives market and enhance the overall mitigation of systemic risk.

 


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