Latest Publications

Share:

Phoenix Light Sues Five RMBS Trustees Over $2.4 Billion in RMBS

On December 23 and 24, Phoenix Light SF Limited and other RMBS certificateholders filed suit against HSBC, Wells Fargo, Deutsche Bank, Bank of New York Mellon, U.S. Bank, and Bank of America in the United States District...more

1/14/2015 - Bank of America Bank of New York Mellon Banks Business Litigation Deutsche Bank HSBC Phoenix Light SF RMBS Trust Indenture Act US Bank Wells Fargo

U.S. Bank Sues Citigroup in Connection with $528 Million of RMBS

On December 22 and 23, U.S. Bank National Association, as trustee for three RMBS trusts, filed three separate summonses with notice in the Supreme Court of the State of New York. U.S. Bank alleges that Citigroup...more

1/13/2015 - Banks Breach of Duty Business Litigation Citigroup Mortgage Servicers Mortgages Representations and Warranties RMBS Trustees US Bank

Second Circuit Holds that Trust Indenture Act Does Not Apply and Dismisses RMBS Investor Claims Against BNY Mellon

On December 23, the United States Court of Appeals for the Second Circuit dismissed claims against Bank of New York Mellon, as trustee, by four pension funds in a putative class action relating to 530 Countrywide RMBS trusts...more

1/13/2015 - Appeals Bank of New York Mellon Countrywide Pension Funds Putative Class Actions RMBS Trust Indenture Act

Policy Observer - December 2014

Giving and Receiving: Insuring Company-Sponsored Volunteerism: This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more

12/17/2014 - Attorney's Fees Banks D&O Insurance Employer Liability Issues Environmental Liability Environmental Policies Holidays Liability Insurance Volunteers

New York Extends Common Interest Privilege Protection to Non-Litigation Communications

Ordinarily, when a communication between an attorney and her client is disclosed to a third party, that communication loses its privileged status. The common interest privilege operates as an exception to that rule that...more

12/10/2014 - Attorney-Client Privilege Bank of America Common-Interest Privilege Confidential Communications Countrywide Disclosure Mergers Third-Party

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

7/1/2014 - Asbestos Asbestos Litigation Commercial General Liability Policies Cyber Insurance Cybersecurity D&O Insurance Duty to Defend Excess Policies Exclusions False Advertising Heartbleed Insurers Investment Adviser Investment Management Notice Requirements Policy Exclusions Property Insurance Startups

Policy Observer - July 2013

Getting Over the Bar: Second Circuit Requires Actual Payment of Underlying Limits In Order to Trigger Excess D&O Policies - In June, the Second Circuit held that two Federal Insurance Company ("FIC") excess D&O...more

8/1/2013 - Bad Faith Catholic Church Construction Defects Contract Interpretation D&O Insurance Disgorgement Document Productions Duty to Defend Excess Policies Extrinsic Evidence Hurricane Sandy Indemnification Insurers Liquidation Occurrence Policy Limits SEC Settlement Sexual Abuse Subrogation

Looking Past The Labels: Bank’s Disgorgement Payment To SEC Not Necessarily Excluded From D&O Coverage

In 2006, Bear Stearns agreed to a $250 million “neither admit nor deny” settlement with the SEC to settle charges that it facilitated late trading and deceptive market timing by its hedge fund customers....more

7/29/2013 - Bear Sterns D&O Insurance Disgorgement Hedge Funds Neither Admit Nor Deny Settlements SEC

8 Results
|
View per page
Page: of 1