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Finance & Banking Updates

Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

Dentons

Accessing Asian Capital By Canadian Companies – The Case For Listing In Hong Kong

by Julianne Doe | Dentons on 5/25/2013

Why Hong Kong - Michael Chan, Assistant Vice President of the Global Markets Division of the Hong Kong Stock Exchange (“HKEx”), was recently in Canada, visiting Calgary, Toronto and Vancouver and delivering a...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Proposes Cross-Border Security-Based Swap Rules and Guidance

by Maureen A. Donley, Elizabeth Doyle, Ryan Elsey, Prashina J. Gagoomal, Theodore M. Kneller, Daniel S. Konar II, Rachel Kaplan Reicher, Mark D. Young | Skadden, Arps, Slate, Meagher & Flom LLP on 5/25/2013

On May 23, 2013, the Securities and Exchange Commission (SEC) published in the Federal Register proposed rules and guidance for applying Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank)...more

Ballard Spahr LLP

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

by John L. Culhane, Jr., Alan S. Kaplinsky, Jeremy T. Rosenblum, Mercedes Kelley Tunstall | Ballard Spahr LLP on 5/24/2013

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money...more

Saul Ewing LLP

State v. Brown Affords Managers in the Mortgage Processing Industry a Cautionary Tale

by Christopher R. Hall, Mark Simanowith | Saul Ewing LLP on 5/24/2013

In Brief: - Significant jail time can result from overseeing and directing unauthorized robo-signing activities. - Victims of unauthorized robo-signing include residential mortgage servicers, in addition to...more

BuckleySandler LLP

New York State Trial Courts Issue Opposing Opinions On MBS Claims Statute Of Limitations

by BuckleySandler LLP on 5/24/2013

This week, two New York trial court justices issued diverging opinions on when the statute of limitations begins to run on claims related to the repurchase obligations of securitizers under certain MBS pooling and servicing...more

McDermott Will & Emery

Supreme Court Unanimously Upholds Creditability of UK Windfall Tax

by Justin Jesse, Martha Groves Pugh, James A. Riedy, Kevin Spencer | McDermott Will & Emery on 5/24/2013

In a rare unanimous decision with potentially far-reaching impact on taxpayers claiming foreign tax credits, the Supreme Court of the United States ruled that a “windfall tax” imposed by the United Kingdom was creditable...more

BakerHostetler

In re School Specialty, Inc., Case No. 13-10125 (KJC) (Bankr. D. Del. Apr. 22, 2013)

by Marc Skapof | BakerHostetler on 5/24/2013

In an age of historically low interest rates, lenders rely on fee income and other devices to enhance their returns. One of these mechanisms -- and one that can have dramatic consequences for a borrower -- is the inclusion of...more

Harney Westwood & Riegels

BVI Trusts: Private Trust Companies

by Harney Westwood & Riegels on 5/24/2013

INTRODUCTION - Since 2007, it has been possible in BVI to establish a Private Trust Company (“PTC”) which may act as trustee of trusts without the need to obtain a BVI trust licence as long as certain conditions are...more

Reed Smith

AB 32 Update: Summary of the Basics of Transacting in Offsets Under AB 32

by Jamon Bollock, Jennifer Smokelin | Reed Smith on 5/24/2013

This Client Alert serves as an executive summary for a supplementary white paper, The Basics of Transacting in Offsets under AB 32, and will assist clients in addressing offset transaction risks. The white paper offers an...more

Ballard Spahr LLP

OIG to issue report on presence of CFPB enforcement attorneys in exams by October 31

by Barbara S. Mishkin | Ballard Spahr LLP on 5/24/2013

In its Semiannual Report to Congress for the six month period ending March 31, 2013, the Federal Reserve Board’s Office of the Inspector General (OIG) indicates that, during the next semiannual reporting period (which ends...more

Baker, Donelson, Bearman, Caldwell &...

Treasury Secretary Testifies about CMBS Markets and Dodd Frank

by Timothy Lupinacci | Baker, Donelson, Bearman, Caldwell &... on 5/24/2013

On May 21, 2013, Treasury Secretary Jack Lew in his role as Chairman of the Financial Stability Oversight Council ("FSOC") testified before the House Financial Services Committee. In its annual report, the FSOC stated that...more

Loeb & Loeb LLP

CFPB Investigation Leads to First Criminal Referral to DOJ

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/24/2013

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the...more

Ballard Spahr LLP

Update: Third Circuit recess appointment decision ups the ante on certiorari

by Keith R. Fisher | Ballard Spahr LLP on 5/24/2013

Last week’s News Flash alerted readers that a second federal appellate court has now invalidated a NLRB recess appointment as incompatible with the meaning of the phrase, “the Recess of the Senate” in the Recess Appointment...more

K&L Gates LLP

Was Chicken Little an Optimist?

by Andrew Caplan, Jonathan Jaffe, Kristie Kully, Eric Mitzenmacher, David Tallman | K&L Gates LLP on 5/24/2013

The Consumer Financial Protection Bureau (“CFPB”) issued a true game changer on January 10, 2013, with its Ability to Repay and Qualified Mortgage Rule (the “Final Rule” or the “Rule”). Some industry observers seem to...more

Pillsbury Social Media, Entertainment &...

Financial Crimes Enforcement Network Issues Guidance on Virtual Currency

by Pillsbury Social Media, Entertainment &... on 5/24/2013

FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations....more

Holland & Knight LLP

App Developer Settles FCRA Charges Over Provision of Criminal Background Reports

by Richard Raysman | Holland & Knight LLP on 5/24/2013

Earlier this year, an enterprise that sold criminal record reports via mobile apps agreed to settle FTC charges that it operated as a consumer reporting agency without taking consumer protection measures required by the Fair...more

Charles (Chuck) Rubin

A Not-So-Good Domestic Asset Protection Trust Case

by Charles (Chuck) Rubin on 5/24/2013

Several states have adopted asset protection trust statutes that allow a grantor to establish a trust that is protected from the grantor’s creditors, even though the grantor is a discretionary beneficiary....more

Nossaman LLP

Stanislaus County Moving Forward with Claribel Road Project

by Bernadette Duran-Brown | Nossaman LLP on 5/24/2013

After two years of negotiating with residential property owners, the Stanislaus County Board of Supervisors approved acquisition of the property by eminent domain. The Modesto Bee reports that the board approved the...more

Saul Ewing LLP

Retirees Relying on Pension Loans

by Robert Louis | Saul Ewing LLP on 5/24/2013

A recent article in the New York Times reports on a development in the ongoing saga of how people will meet their expenses in retirement. A borrowing technique has been heavily marketed, called pension advances, which are...more

Sutherland Asbill & Brennan LLP

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules

by Thomas Byrne, Greg Traylor | Sutherland Asbill & Brennan LLP on 5/24/2013

The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. You v. JP Morgan Chase Bank,...more

Manatt, Phelps & Phillips, LLP

Advertising Law -- May 23, 2013

by Charles Washburn, Jr. | Manatt, Phelps & Phillips, LLP on 5/24/2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

Bernstein Shur

Municipal Bond Post-Issuance Compliance

by Shana Mueller | Bernstein Shur on 5/24/2013

Does your municipality have outstanding tax-exempt bond obligations? If yes, the IRS is interested in...more

Ballard Spahr LLP

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

by Keith R. Fisher, Alan S. Kaplinsky | Ballard Spahr LLP on 5/24/2013

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

BuckleySandler LLP

Senator Warren Pushes Federal Authorities On Bank Prosecutions

by BuckleySandler LLP on 5/24/2013

On May 14, Senator Elizabeth Warren (D-MA) sent a letter to Federal Reserve Board Chairman Ben Bernanke, Attorney General Eric Holder, and SEC Chairman Mary Jo White seeking additional information about the agencies’...more

Thomas Fox

SFO & The Bribery Act: Sector Sweeps, Facilitation Payments & London Listed Companies

by Thomas Fox on 5/24/2013

News reaches us of a private small round table session put together by Transparency International and attended by some from the US FCPA white collar community (we understand Mark Mendelsohn attended) and our very own David...more

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