Whalen: Go Back To The Future To Fight Fraud With Equity Receivers [Video] by Bloomberg Law on 5/24/2012 May 23 (Bloomberg Law) -- Chris Whalen, senior managing director at Tangent Capital Partners, and Bill Rochelle from Bloomberg News talk with Bloomberg Law's Lee Pacchia about how the so-called in pari delicto defense stops...more
CFPB's Flatland Fee by Jonathan Foxx on 5/24/2012 Kicked in the gut by a "flat fee" proposal, the already winded mortgage industry seems to be barely able to catch its breath from the CFPB's recent lurching toward yet another vaguely expected and somewhat ill-defined...more
Making Your Online Evidence Usable in the Courtroom by Kaiser Legal Group on 5/23/2012 Presented at, and written for, the Seattle Continuing Legal Education seminar "Everything You Don't Know About E-Discovery (But Wish You Did)." The CLE was held at the Washington State Convention Center in Seattle,...more
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
Former Employee Blows the Whistle on Delaware Unclaimed Property Exposure by Reed Smith on 5/23/2012 In a recent unpublished decision, the Superior Court of Delaware, New Castle County, decided to allow a business entity’s former tax manager, joining with the attorney general for the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