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Foley Hoag LLP

The SVB Bankruptcy Decision and Its Lessons for D&O Insurance Programs

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Directors and Officers (D&O) policies are intended first and foremost to protect a company’s individual directors and officers from significant claims which may be asserted against those individuals in their capacities as...more

White & Case LLP

Landmark UK Supreme Court decision clarifies scope of banks’ so-called ‘Quincecare duty’

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In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Introduction to the Unique Issues in Bank Holding Company Bankruptcies

On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the...more

Manatt, Phelps & Phillips, LLP

Top Five Employment Issues Upon a Sudden Bank Failure

The sudden closure of a bank can create a host of ripple effects. It is important that employers stay alert and vigilant in managing their employment practices when faced with liquidity concerns that inevitably arise from...more

BCLP

More good news for depositors of Silicon Valley Bank and Signature Bank

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Here is the latest regarding the former Silicon Valley Bank of Santa Clara, California (“SVB”) and Signature Bank of New York, NY (“SB”) as of Monday, March 13, 2023 according to the FDIC and other regulators. We expect to...more

Goodwin

FAQ About the Silicon Valley Bank Situation in the US

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What happened to Silicon Valley Bank (SVB) on March 10? ..The California Department of Financial Protection and Innovation took possession of SVB on Friday morning, March 10, 2023, and appointed the Federal Deposit...more

Latham & Watkins LLP

Federal Reserve Narrows the Crypto Activities of Member Banks

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Custodia Bank was denied Federal Reserve membership, while certain crypto principal activities are deemed presumptively not appropriate for member banks. On January 27, 2023, the Board of Governors of the Federal Reserve...more

StoneTurn

No One Wants a Monitor, But… Part 3: Lessons Learned from Monitorships

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What was it like to be at one of the world’s largest companies while it was subject to a monitor? In this episode, Cindy Moehring highlights some of the key lessons learned from working with a monitor, and taps into Michele...more

StoneTurn

No One Wants a Monitor, But… Part 2: Working with a Monitor

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Monitorship: a term typically met with fear, but it doesn’t have to be. What’s at stake when a monitor comes on board? Are there global considerations at play? Cindy Moerhing, Michele Edwards and Emilia Drozda highlight keys...more

StoneTurn

No One Wants a Monitor, But… Part 1: The Landscape

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As the regulatory landscape changes across the globe, how will monitorships fit into the puzzle? In this episode, Cindy Moehring, former Chief Ethics and Compliance Officer (U.S.) for Walmart, sits down with StoneTurn’s...more

Jones Day

Australian Court Grants Shareholders Access to Bank's Internal Documents to Assess Alignment With Climate Change Commitments

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On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more

American Conference Institute (ACI)

[Complimentary Webinar] Mitigating Sanctions and Export Control Risks for Life Sciences, Research Institutes and Universities -...

Global life sciences companies, research institutes, and universities face unique challenges when complying with U.S. and non-U.S. trade control laws, including complying with general and specific licenses authorizing...more

Sheppard Mullin Richter & Hampton LLP

The EU – U.S. Sanctions Dilemma: The Advocate General of the European Court of Justice Weighs in

In May 2018 the United States announced the reinstitution of sanctions against Iran that had previously been lifted pursuant to the Joint Comprehensive Plan Action (“JCPOA”). The U.S. sanctions on Iran that were revived...more

American Conference Institute (ACI)

[Virtual Event] Asia Pacific Conference on Economic Sanctions Compliance and Enforcement - May 27th - 28th, 9:00 am - 1:15 pm SGT

ACI’s Asia-Pacific Advanced Conference on Economic Sanctions Compliance and Enforcement is the largest sanctions gathering in Asia for financial institutions and global exporters. This unique conference features senior...more

A&O Shearman

UK Prudential Regulator Reminds Firms of Need to Satisfy Temporary Permissions Regime Requirements

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The U.K. Prudential Regulation Authority has published a Dear CEO letter addressed to all PRA-regulated firms on operational readiness for the Temporary Permissions Regime...more

Eversheds Sutherland (US) LLP

The DOJ issues its first FCPA advisory opinion after six years of silence

On August 14, 2020, the US Department of Justice (the DOJ) issued its first Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release in six years, which relayed that it did not intend to pursue an enforcement action...more

Pierce Atwood LLP

Judicial Panel on Multidistrict Litigation Refuses to Consolidate Class Action Litigation Concerning Paycheck Protection Program

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In four separate decisions issued on August 5, 2020, the U.S. Judicial Panel on Multidistrict Litigation declined to consolidate for pretrial purposes dozens of actions against national banks arising from their roles as...more

Blake, Cassels & Graydon LLP

Enhanced Powers for the Financial Consumer Agency of Canada

Key changes marking a significant shift in the Financial Consumer Agency of Canada’s (FCAC) enforcement powers and mandate came into force on April 30, 2020. Financial institutions will need to recalibrate their reputation...more

Hinshaw & Culbertson LLP

Court Rejects Coverage for Phishing Loss Under Financial Institutions Bond, Calls for More Briefing on Computer Systems Fraud...

A New Jersey federal district court held last week that losses arising out of a phishing scam were not covered under a bank's Financial Institutions Bond. In Crown Bank JJR Holding Co. v. Great Am. Ins. Co., 2020 U.S. Dist....more

BakerHostetler

Judge Rebukes Government for Outsourcing Internal Investigation of LIBOR Rigging Scheme

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On May 2, 2019, Judge Colleen McMahon of the Southern District of New York ruled that the government effectively outsourced a portion of its ongoing investigation of LIBOR manipulation at one financial institution (the Bank)...more

Harris Beach PLLC

Six Steps To Take Immediately After You Suspect Wire Fraud

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Wire fraud is on the rise. Health care providers engaging in transactions, whether operational or financial, need to remain aware of crimes involving compromised emails and fraudulent wire transfers....more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for May 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Eversheds Sutherland (US) LLP

Rethinking Internal Investigation Interviews Conducted Under DOJ Direction

On May 2, a federal district court judge minced no words in castigating the Government for effectively “outsourcing” its investigation into whether a bank manipulated the London Inter-Bank Offered Rate (LIBOR) to the bank...more

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for August 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Morgan Lewis

How Corporations Can Stay Vigilant Against Online Banking Fraud – Lessons from Recent Court Judgments

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Due to the general flexibility granted to banks by their standard account opening terms, corporate victims of online banking frauds often face substantial hurdles in court in their attempts to recover the sums lost from the...more

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