Insurance, Securities Law

Tenth Circuit Holds Underlying Securities Claims Interrelated

by Traub Lieberman Straus & Shrewsberry LLP on 5/14/2013

In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more

Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank [Video]

by Bloomberg Law on 5/10/2013

May 10 (Bloomberg Law) -- Michael Greenberger, a professor at the University of Maryland School of Law, tells Bloomberg Law's Lee Pacchia that a new set of legislation making its way through the House of Representatives could...more

Federal Court Dismisses $31 Million FDIC Suit as Time-Barred

by Orrick - Structured Finance Group on 4/30/2013

On April 22, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California dismissed as time-barred the Federal Deposit Insurance Corporation’s (FDIC) $31 million suit against JPMorgan...more

Expanding Market for Insurance and Risk Securities Promises High Risk, High Reward - and High Potential for Claims

by Daniel Murphy, Jerry Phillips | Loeb & Loeb LLP on 4/29/2013

The securities marketplace has experienced a resurgence of interest in insurance- and risk-linked securities, primarily as a result of Hurricane Katrina and Superstorm Sandy. First introduced after the Northridge earthquake...more

Potential Broker-Dealer Pitfalls for Private Investment Funds and their Managers

by Pryor Cashman LLP on 4/23/2013

April 23, 2013 Following on its recent enforcement action (the “Ranieri Order”) against a private equity fund manager for causing a third-party finder’s failure to register as a broker-dealer, the Securities and Exchange...more

Insurance Coverage for Class Action Lawsuits

by Judy Selby | BakerHostetler on 4/19/2013

Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.” The same can be said about class action lawsuit filings after the...more

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

by MarketsReformWiki on 4/2/2013

One of the issues that emerged from the MF Global collapse was the complex and often frustrating US bankruptcy process. In the case of MF Global, futures customers’ claims were lumped in with other creditors. As such, it took...more

New York Court Holds Professional Services Exclusion Applicable

by Traub Lieberman Straus & Shrewsberry LLP on 4/2/2013

In its recent decision in David Lerner Assocs. v. Philadelphia Indem. Ins. Co., 2013 U.S. Dist. LEXIS 46333 (E.D.N.Y. Mar. 29, 2013), the United States District Court for the Eastern District of New York had occasion to...more

CLO Update: New FDIC Rules on "Higher Risk Securitizations"

by Matthew Clark | Dechert LLP on 3/28/2013

The FDIC's new rules (promulgated per the requirements of the Dodd-Frank Act) for calculating deposit insurance assessments for insured depository institutions, including "large institutions" and "highly complex...more

Financial Services Quarterly Report - First Quarter 2013: New Rules for China’s RQFII Regime

by Angelyn Lim, Kylee Zhu | Dechert LLP on 3/27/2013

At the January Asian Financial Forum in Hong Kong, the Chairman of the China Securities Regulatory Commission (“CSRC”), Mr. Guo Shu Qing, stated that Mainland China could increase the level of investment quotas for both the...more

As Clear as Mud! The Investment Diversification Rules for Private Placement Insurance Products

by Gerald Nowotny on 3/25/2013

A. Overview - The investment diversification rules are a critical element in planning for private placement insurance products. One of the underlying marketing premises for the attractiveness of private placement...more

Financial Services Legislative And Regulatory Update -- March 18‚ 2013

by Abby Matousek, Jason M. Rosenstock | Mintz Levin - Public Finance on 3/18/2013

In This Issue: Leading the Past Week; Legislative Branch; Executive Branch; and Upcoming Hearings. Leading the Past Week - It was another busy week on the Hill and in the Administration, but it may have...more

Ritholtz: Insurance Regulators Should Oversee Derivatives [Video]

by Bloomberg Law on 3/14/2013

March 13 (Bloomberg Law) -- Barry Ritholtz, CEO at Fusion IQ, and Tangent Capital Partners' Bob Rice talk with Bloomberg Law's Lee Pacchia about the current state of the derivatives market and a recent initiative by ISDA to...more

The Material Impact of the Amgen Decision on D&O Insurance

by Matthew Klebanoff, Angelo Savino | Cozen O'Connor on 3/8/2013

In Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085 (Slip Op. Feb. 27, 2013), the U.S. Supreme Court, in a 6-3 majority opinion (Ginsburg, J.), affirmed the U.S. Court of Appeals for the 9th Circuit’s...more

Legislative Update Report No. 2013-05 - Mar 8, 2013

by Osler, Hoskin & Harcourt LLP on 3/8/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

Wager, Insurance, Bucketing or Swap?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/5/2013

In yesterday’s post, I mentioned Professor Joan Heminway’s recent essay on crowdfunding. She notes that some crowd funding arrangements may “may look less like investment instruments commonly known as common stock or...more

Federal District Court Issues First Ever Post-Trial Order Requiring Bank To Reimburse Monoline Insurer Over Loans Backing MBS

by BuckleySandler LLP on 2/18/2013

On February 6, the U.S. District Court for the Southern District of New York found that loans underlying two trusts issued by a Michigan bank breached the representations and warranties in the contracts the bank entered with...more

Consenting Adults: D.C. Circuit Tells Press To Stay Out Of SEC-AIG Relationship

by William Alderman, David Keenan, M. Todd Scott | Orrick - Securities Litigation and Regulatory... on 2/12/2013

What happens between a mature multinational insurance corporation and its regulator is nobody’s business, or so says the United States Court of Appeals for the D.C. Circuit, which issued an opinion in SEC v. AIG on February...more

DOJ Brings Civil Fraud Action Against S&P

by Orrick - Structured Finance Group on 2/11/2013

On February 4, the Department of Justice filed a complaint in the Central District of California against two Standard & Poor’s entities in connection with credit ratings S&P provided for certain RMBS and CDOs....more

New Rules Coming into Effect Affect Retirement Plans Entering into Swaps

by King & Spalding on 2/5/2013

New rules affecting ERISA-covered retirement plans entering into swap transactions will come into effect in May 2013. These rules, known as the “Business Conduct Standards,” implement certain provisions of the Dodd-Frank...more

District Court Declines to Hold Private Equity Funds Liable for Portfolio Company Withdrawal Liability

by King & Spalding on 2/5/2013

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, a U.S. district court in Massachusetts held that investment funds managed by private equity firm Sun Capital Advisors, Inc. (“Sun...more

Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving...

by Bridget Russel, John Stigi | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

In Freeman Investments, LP v. Pacific Life Insurance Co., No. 09-55513, 2013 WL 11884 (9th Cir. Jan 2, 2013), the United States Court of Appeals for the Ninth Circuit held that the Securities Litigation Uniform Standards Act...more

After the Love is Gone – Tax Planning Considerations for Private Equity and Venture Capital Fund Managers in a Post-Carried...

by Gerald Nowotny on 1/28/2013

Overview - The issue of carried interest taxation as obscure an issue as it is, has gotten all kinds of attention in the media over the last several years. Most recently, the issue garnered national attention during...more

The New Year Brings New Sanctions Against Iran

by King & Spalding on 1/25/2013

As 2013 begins, the United States has reiterated its commitment to countering the threat posed by Iran by passing new legislation, issuing new regulations and guidance, and bringing into effect new requirements to increase...more

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

by Catherine Morris Krow | Orrick, Herrington & Sutcliffe LLP on 1/21/2013

With greater knowledge comes greater responsibility, and greater liability. When it comes to nanotechnology, our ability to understand the potential risks is unprecedented, thanks in part to the asbestos mass tort experience....more

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Insurance › Securities Law

Tenth Circuit Holds Underlying Securities Claims Interrelated

Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank [Video]

Federal Court Dismisses $31 Million FDIC Suit as Time-Barred

Expanding Market for Insurance and Risk Securities Promises High Risk, High Reward - and High Potential for Claims

Potential Broker-Dealer Pitfalls for Private Investment Funds and their Managers

Insurance Coverage for Class Action Lawsuits

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

New York Court Holds Professional Services Exclusion Applicable

CLO Update: New FDIC Rules on "Higher Risk Securitizations"

Financial Services Quarterly Report - First Quarter 2013: New Rules for China’s RQFII Regime

As Clear as Mud! The Investment Diversification Rules for Private Placement Insurance Products

Financial Services Legislative And Regulatory Update -- March 18‚ 2013

Ritholtz: Insurance Regulators Should Oversee Derivatives [Video]

The Material Impact of the Amgen Decision on D&O Insurance

Legislative Update Report No. 2013-05 - Mar 8, 2013

Wager, Insurance, Bucketing or Swap?

Federal District Court Issues First Ever Post-Trial Order Requiring Bank To Reimburse Monoline Insurer Over Loans Backing MBS

Consenting Adults: D.C. Circuit Tells Press To Stay Out Of SEC-AIG Relationship

DOJ Brings Civil Fraud Action Against S&P

New Rules Coming into Effect Affect Retirement Plans Entering into Swaps

District Court Declines to Hold Private Equity Funds Liable for Portfolio Company Withdrawal Liability

Ninth Circuit Applies Securities Litigation Uniform Standards Act to Affirm Dismissal of Section 17200 Class Action Involving...

After the Love is Gone – Tax Planning Considerations for Private Equity and Venture Capital Fund Managers in a Post-Carried...

The New Year Brings New Sanctions Against Iran

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank [Video]

NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform [Video]

Ritholtz: Insurance Regulators Should Oversee Derivatives [Video]

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