Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the state of Delaware, to proceed with a...more
Orrick's Financial Industry Week In Review - May 21, 2012 by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 In This Issue: - Financial Industry Developments · FHFA Releases Draft Strategic Plan · Large Bank Stress Testing Guidance Finalized · Stress Testing for Community Banks · CFTC Rule on Swap...more
FSA Issues Decision Notice Against Former BGC Senior Executive by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On 16 May 2012 the FSA published a decision notice which it has issued to Anthony Verrier, a former senior executive at BGC Brokers LP. The FSA decided to prohibit Mr. Verrier from performing any function relating to any...more
Assured Guaranty Sues GMAC Entities in Connection with RMBS Insurance by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 11, 2012, Assured Guaranty filed suit in the United States District Court for the Southern District of New York against several GMAC entities alleging that the defendants induced Assured to issue financial guaranty...more
IKB Brings Two RMBS Lawsuits Against Bank of America and Related Entities by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 15, 2012, IKB Deutsche Industriebank AG and an IKB affiliate filed two lawsuits against Bank of America and related entities in the New York Supreme Court. The first, in which several Countrywide entities are also...more
Assured Guaranty and Deutsche Bank Settle RMBS Claims for $165.6 Million by Orrick, Herrington & Sutcliffe LLP on 5/22/2012 On May 10, 2012, Assured Guaranty announced that it had reached a $165.6 million settlement with Deutsche Bank resolving claims related to RMBS transactions issued, underwritten or sponsored by Deutsche Bank that were insured...more
Akanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due to No-Action Clause in Indenture by Cadwalader, Wickersham & Taft LLP on 5/22/2012 On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit overturned a decision by the U.S. District Court for the Northern District of Georgia permitting noteholders to proceed with a fraudulent transfer suit...more
Second Circuit Affirms Duty to Defend Under Professional Liability Policy by Traub Lieberman Straus & Shrewsberry LLP on 5/22/2012 In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...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
Recent DOJ Obstruction of Justice Case Highlights Importance of HSR Item 4 Compliance by McDermott Will & Emery on 5/21/2012 Failing to comply with premerger document disclosure rules can lead to civil and criminal penalties for companies and their executives. On May 3, 2012, Kyoungwon Pyo, a senior executive at Hyosung Corporation, agreed to...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
Case Study: Sandager V. Dell Marketing by Sheppard Mullin Richter & Hampton LLP on 5/21/2012 Originally Published in Law360, New York May 17, 2012 -- While the False Claims Act generally is understood to be a “whistleblower” statute, it has been a tool of choice in recent years for opportunistic qui tam relators who...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
Executive Entitled to Bonus Despite Breach of Fiduciary Duty by Fraser Milner Casgrain LLP on 5/18/2012 The Ontario Court of Appeal has recently restored an arbitrator’s decision granting a terminated executive his bonus despite his misappropriation of the employer’s money and resources during the period in which the bonus was...more
Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held... by Cadwalader, Wickersham & Taft LLP on 5/18/2012 On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more