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HTMLNew York Appellate Division Approves RMBS Settlement
Christopher J. Houpt, Matthew D. Ingber; Mayer Brown LLP;
Legal Alert/Article
May 1, 2015, previously published on April 8, 2015
The New York Appellate Division has decided the appeals in the Article 77 proceeding in which The Bank of New York Mellon (BNYM) sought approval relating to an $8.5 billion settlement covering 530 RMBS trusts.1 The settlement—between BNYM, Bank of America, and Countrywide—resolved...


HTMLSecurities Law Considerations in Cross-Border Restructurings
Marie Elena Angulo, Pedro A. Jiménez, Jessica Mendoza; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the...


HTMLSpinach for the Strong Arm Power
G. Ray Warner; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 20, 2015
In a little-noticed November opinion, the Seventh Circuit greatly expanded the ability of a bankruptcy trustee to avoid a security interest for documentation errors under section 544(a)(1) of the Bankruptcy Code. See State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014).


HTMLCybersecurity: Mitigating the Legal Risks of On-Line Banking With Business Customers
J.P. McGuire Boyd, Robert Dean Perrow; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 20, 2015
On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial institutions and their business customers is unauthorized transfers...


HTMLCan Mortgage Loan Officers Still be Exempt from FLSA Overtime Requirements?
J.P. McGuire Boyd, Robert Dean Perrow; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 13, 2015
On March 9, 2015, the United States Supreme Court issued an opinion upholding a 2010 Department of Labor (DOL) interpretative rule finding that mortgage loan officers are generally not administratively exempt from Fair Labor Standards Act (FLSA) overtime requirements. This decision, however, does...


HTMLThe Final Word on Mwangi—the Ninth Circuit Holds Debtor Cannot Recover Alleged Damages for a Stay Violation Arising From an Administrative Freeze on the Debtor’s Bank Account
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.


HTMLChina Further Opens Up to Foreign Banks
Patrick H. Hu, Peilin Liu; Jones Day;
Legal Alert/Article
February 27, 2015, previously published on January 2015
Following the recent announcement of several crucial economic reforms by the People's Republic of China ("PRC") leadership, and eight years since the promulgation of China's Administrative Regulations on Foreign-Invested Banks (the "foreign banks regulations"), the PRC State...


HTMLLenders’ Rights Under Threat in Nevada: the Nevada Supreme Court Rules That Homeowners Association Liens Can Extinguish First Deeds of Trust
Jacob D. Bundick, Leslie S. Godfrey, David M. Rhodes; Greenberg Traurig, LLP;
Legal Alert/Article
February 17, 2015, previously published on December 12, 2014
In a September 2014 ruling, the Nevada Supreme Court held that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure is to recover assessments categorized as super...


HTMLRinging in the New Year: TCPA Hot Issues for 2015
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 16, 2015
The year 2014 saw a surge in class action filings under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements captured the headlines. The Federal Communications Commission (FCC) provided guidance on some issues, but unsettled law in other areas placed a compliance...


Adobe PDFThe "Separate Entity Rule" Remains Alive and Well in New York State
Kenneth R. Puhala; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
February 6, 2015, previously published on October 2014
On October 23, 2014, in Motorola Credit Corp. v. Standard Chartered Bank, No. 162, 2014 N.Y. LEXIS 2946 (2014), the New York State Court of Appeals, New York’s highest court, answered in the affirmative the following question certified to the court by the U.S. Court of Appeals for the Second...


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