Will the FDIC’s Claims Against Directors and Officers of Failed Banks for Simple Negligence Yield to the Protections of the... by Quinn Emanuel Urquhart & Sullivan, LLP on 5/23/2012 Federal legislation has yet to specify the extent to which state law may protect directors and officers of failed banks against claims of simple negligence by FDIC, and Congress may soon be urged to step in. For now,...more
Court Issues $35M Award Against Plan Fiduciaries for Excessive Fees by Reed Smith on 5/23/2012 A recent decision, Tussey v. ABB, Inc., 2012 WL 1113291 (W.D. Mo. 3/31/2012), has drawn much attention in the retirement plan community. In Tussey, a U.S. District Court found that ABB, Inc., along with several of the...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
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
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
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
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
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
After the Fallout: Recent Trends in Residential Mortgage-Backed Securities Litigation by Quinn Emanuel Urquhart & Sullivan, LLP on 5/18/2012 Two governmental reports released this past year confirmed that the issuance and securitization of risky residential mortgage loans were critical factors in causing and fueling the financial crisis. See U.S. Senate...more
HUD Announces Another Mortgage False Claims Act Settlement by BuckleySandler LLP on 5/15/2012 On May 10, HUD and the U.S. Attorney for the Southern District of New York announced the settlement of a lawsuit alleging violation of the False Claims Act by a mortgage originator and affiliated entities. The government...more
Recent Case Emphasizes Importance of Fiduciary Decision-Making Process by Poyner Spruill LLP on 5/15/2012 The decision-making process of a retirement plan fiduciary has always been important. However, the recent district court decision in Tussey v. ABB, Inc., which levied a $35.2 million judgment against the employer-fiduciary...more
Orrick's Financial Industry Week In Review - May 14, 2012 by Orrick, Herrington & Sutcliffe LLP on 5/14/2012 - Financial Industry Developments · CFTC Final Rules on Designated Contract Markets · CFTC Proposed Order to Extend the Effective Date for Swap Regulation · SEC Approves MSRB Interpretive Notice on Duties...more