Why Won’t Anyone Just Follow The Rules: Ninth Circuit Bankruptcy Appellate Panel overturns the absolute priority rule in... by Snell & Wilmer L.L.P. on 5/21/2012 Originally published in the Orange County Business Journal April 30 - May 6, 2012. A fundamental principle of commercial lending holds that debt should be repaid prior to any return on equity. If a borrower cannot...more
SEC Registered Covered Bonds by Morrison & Foerster LLP on 5/21/2012 We recently advised Royal Bank of Canada on its filing of a registration statement with the United States Securities and Exchange Commission for the first public offer of covered bonds in the United States. This filing was...more
Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII by Barger & Wolen on 5/21/2012 In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of...more
CJEU Ruling in Santander: Withholding Tax on Dividends Distributed to Non-Resident UCITS Infringes EU Freedoms by McDermott Will & Emery on 5/21/2012 On 10 May 2012, the Court of Justice of the European Union (CJEU) issued its judgment in Santander (joined cases C-338/11 to C-347/11), stating that the French legislation that imposes a withholding tax on French-sourced...more
District Court Rejects Argument that Investment Advisers Act Cannot Be Applied Extraterritorially by Katten Muchin Rosenman LLP on 5/21/2012 The Securities and Exchange Commission brought a complaint against the former Chief Financial Officer of a now defunct investment adviser seeking enforcement of the Investment Advisers Act of 1940 (IAA). The U.S. District...more
Under the Dome: Inside the Maine State House 5.18.12 by Pierce Atwood LLP on 5/21/2012 Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House. If you would like more specific information regarding an item in this newsletter...more
Borrower's "Show Me The Note" Argument Fails To Halt Foreclosure by Sheppard Mullin Richter & Hampton LLP on 5/21/2012 In Debrunner v. Deutsche Bank Nat. Trust Co. (Cal.App. 6 Dist., 2012) --- Cal.Rptr.3d ----, 2012 WL 883128, the California Court of Appeal affirmed the dismissal of a complaint for wrongful foreclosure with prejudice, holding...more
Ministry of Justice Seeks Consultation on the Introduction of Deferred Prosecution Agreements in the UK by Bryan Cave on 5/21/2012 The Ministry of Justice yesterday initiated a consultation process following its proposal to introduce Deferred Prosecution Agreements (DPAs) in the United Kingdom as an enforcement tool to combat economic crimes by...more
SEC Implements Secure E-mail System for Confidential Submissions by Katten Muchin Rosenman LLP on 5/21/2012 Effective May 14, the Division of Corporation Finance of the Securities and Exchange Commission has implemented a secure e-mail system that allows it to receive confidential submissions from “emerging growth companies” (EGCs)...more
The New York Department of Financial Services Announces Emergency Promulgation of Insurance Regulation 200 on Unclaimed Life... by Sutherland Asbill & Brennan LLP on 5/21/2012 On May 14, 2012, the New York Department of Financial Services (the NYDFS) announced the emergency promulgation of Insurance Regulation 200. The emergency regulation requires all life insurers doing business in New York to...more
Incentives for Offshore Voluntary Disclosure Initiative by Sanford Millar on 5/21/2012 For most U.S. taxpayers who have undeclared foreign financial accounts entering the Offshore Voluntary Disclosure Initiative of 2012 (OVDI) is appropriate. Many people have contacted me and have decided not to enter the OVDI...more
NASAA And The DOC Warn Investors Of The “Madding Crowd’s Ignoble Strife” by Allen Matkins Leck Gamble Mallory & Natsis... on 5/21/2012 Crowdfunding Caveats Issued To say that the North America Securities Administrators Association was not pleased when Congress enacted the JOBS Act is like saying that Captain George Pollard and his crew had an unpleasant...more
Developments in U.S. Sanctions Against Burma by Bryan Cave on 5/21/2012 The President today announced that the United States will ease its prohibitions on the export of financial services to and new investment in Burma. Secretary of State Hillary Clinton today separately announced that the United...more
The Homestead Act and Doing Compliance by Thomas Fox on 5/21/2012 This drove home to me that what a company really needs to accomplish regarding compliance is to do the day-to-day work in its company to help create and foster a culture of compliance. Recently May 7-11 was designated as...more
In re TOUSA, Inc.— Eleventh Circuit Reinstates Widely Criticized Fraudulent Transfer Decision by King & Spalding on 5/18/2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued an opinion in the TOUSA, Inc. (“TOUSA”) chapter 11 bankruptcy cases reinstating a $480 million fraudulent transfer judgment previously...more