News & Analysis as of

Recovery Plans

How to guarantee bad performance from your vendors

by Thompson Coburn LLP on

A well-crafted master services agreement for outsourced services can create a powerful alliance between you as the customer and the service provider or vendor. On the other hand, there are some pitfalls will likely or...more

Harvey And Irma – Reminders To Adopt/Reevaluate Your Disaster Recovery Plan

by Jackson Lewis P.C. on

The effects of hurricanes like Harvey and the approaching Irma should be a reminder to all businesses of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is how to protect its...more

Guidance on Protecting Employees During Hurricane Harvey and Especially In Cleanup.

by Fisher Phillips on

Despite the constant news coverage, Americans are inevitably surprised by the violence of hurricanes … and even more by the damages inflicted by storm surges and the extraordinary amounts of rain once the hurricane high winds...more

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

by Nossaman LLP on

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

European Securities and Markets Authority Issues Opinion on the Proposed EU Regulation on CCP Recovery and Resolution

by Shearman & Sterling LLP on

The European Securities and Markets Authority has issued an Opinion on the European Commission's proposed EU Regulation on CCP Recovery and Resolution. The proposal gives CCPs' national regulators under the European Market...more

The Financial Report, Volume 6, Number 5

by DLA Piper on

Discussion and Analysis Last week, the SEC’s Office of the Investor Advocate announced that it will host an “Evidence Summit” to discuss strategies for raising retail investors’ understanding of critical investment...more

EU Comparative Report on Recovery Planning and Recovery Options Published

by Shearman & Sterling LLP on

The European Banking Authority published a comparative report on recovery planning by EU banks, focusing on recovery options. The Bank Recovery and Resolution Directive requires a bank to prepare recovery plans which set out...more

European Banking Authority Seeks to Provide Guidance on Coverage of Subsidiaries in Group Recovery Plans

by Shearman & Sterling LLP on

The European Banking Authority has launched a consultation on proposed recommendations on the coverage of legal entities in a group recovery plan. The Bank Recovery and Resolution Directive requires a Union parent undertaking...more

NMFS Publishes Cook Inlet Beluga Whale Recovery Plan

by Nossaman LLP on

On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas). The Endangered Species Act (ESA)...more

Proposed European Regulation on CCP Recovery & Resolution Published

by Shearman & Sterling LLP on

The European Commission published a legislative proposal for a Regulation on the recovery and resolution of CCPs. The aim of the proposed Regulation is to set up a framework for the orderly recovery of a CCP through...more

White House Releases Checklist to Improve Grid Resiliency

by Morgan Lewis on

The new plan builds on efforts to improve the response to attacks and disasters but recognizes that the needed investments may require regulatory changes to ensure cost recovery by utilities....more

US Federal Banking Agencies Release Public Sections of Resolution Plans for Eight Systemically Important Financial Institutions

by Shearman & Sterling LLP on

The US Federal Reserve Board and the FDIC posted the public portions of the required “targeted submissions” for eight systemically important US banking institutions...more

US Office of the Comptroller of the Currency Publishes Final Recovery Plan Guidance

by Shearman & Sterling LLP on

The OCC published a final rule adopting enforceable guidelines for recovery planning by insured national banks, insured Federal savings associations and insured Federal branches of foreign banks with at least $50 billion in...more

Financial Services Weekly News - October 2016

by Goodwin on

Editor's Note - Regulation and Innovation, Part IV. In the April 6, June 22 and September 14 editions of the Roundup, we discussed the approaches of various banking regulators generally, and the Office of the...more

European bank recovery and resolution

by Reed Smith on

Recovery and resolution scenarios are still of importance for European institutions. Banks perform functions which are critical for economic activity to take place. They collect funds (deposits and other forms of debt) from...more

Disaster Recovery: Navigating FEMA's Cumbersome Financial Assistance Rules

by Pepper Hamilton LLP on

The 2016 Atlantic hurricane season officially began on June 1, and will end on November 30. Hilary S. Cairnie offers his views on the Federal Emergency Management Agency’s (FEMA) policies for reimbursement of disaster...more

Bipartisan ESA Bill Proposes Funding for State Programs

by Nossaman LLP on

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives. Representatives Don Young (R-Alaska) and Debbie...more

European Banking Authority Assesses Governance and Indicators in EU Recovery Plans

by Shearman & Sterling LLP on

The European Banking Authority published a comparative report on recovery plan governance and indicators. Banks and certain large investment firms are required by the Bank Recovery and Resolution Directive to prepare recovery...more

UK Regulator Provides Feedback on Recovery Plans

by Shearman & Sterling LLP on

The Financial Conduct Authority published initial feedback on the recovery plans submitted by investment firms regulated by it. Recovery plans are required to be submitted by banks and certain investment firms to national...more

Bitcoin Is “Property,” Rules California Judge in Pivotal Bitcoin Case

by BakerHostetler on

Last week, we blogged about the latest development in Bitcoin news: how a California bankruptcy court will define Bitcoin. That was the subject of a trustee’s clawback suit against Marc Lowe, a former employee of Hashfast...more

OCC Issues Recovery Proposal for Institutions With Assets of $50 Billion or More

by Katten Muchin Rosenman LLP on

On December 17, the Office of the Comptroller of the Currency (OCC) requested comment on a proposed rule to establish enforceable guidelines for recovery planning by insured national banks, insured federal savings...more

OCC Proposes Recovery Plans for Large Banks

by WilmerHale on

On December 17, 2015, the Office of the Comptroller of the Currency (OCC) proposed guidelines establishing enforceable standards for recovery planning by certain large national banks, federal savings associations and insured...more

Financial Regulatory Developments Focus - December 2015 #2

by Shearman & Sterling LLP on

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

Contractual Recognition of Bail-In – Are You Ready?

The aim of the EU Bank Recovery and Resolution Directive (the “BRRD”) is to establish a framework for the recovery and resolution of EU credit institutions and significant investment firms and to equip EU national authorities...more

EBA reports on recovery planning

by Dentons on

EBA has published a report looking at how a sample of European banking groups have approached recovery planning under the Bank Recovery and Resolution Directive (BRRD)....more

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