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United States District Court Accepts the “Valid When Made” Doctrine

In Robinson v. National Collegiate Student Loan Trust 2006-2, the U.S. District Court for the District of Massachusetts accepted the validity of the “valid when made” doctrine. The District Court’s acceptance is noteworthy...more

States Sue OCC, Challenging its “True Lender” Rule

On January 5, 2021, the Attorneys General of New York, California, Colorado, the District of Columbia, Massachusetts, Minnesota, New Jersey and North Carolina (collectively, the “States”) sued the Office of the Comptroller of...more

OCC Issues Final Rule Addressing the “True Lender” Problem

On October 30, 2020, the Office of the Comptroller of the Currency (the “OCC”) published its ‎final rule (the “Rule”) that establishes when a national bank or federal savings association makes a ‎loan and is the “true...more

FDIC Follows OCC and Clarifies “Valid When Made” Doctrine

On June 25, 2020, the Federal Deposit Insurance Corporation (the “FDIC”) issued its final rule (the “FDIC Rule”) clarifying that an assignee of a state-chartered bank or insured branch of a foreign bank (a “state bank”) has...more

OCC Issues Final Rule Clarifying the “Valid When Made” Doctrine

On June 2, 2020, the Office of the Comptroller of the Currency (the “OCC”) published its final rule (the “Rule”), clarifying that an assignee of a national bank has the right to collect interest at the same rate as the...more

IRS Issues Final Regulations under Section 956, With Few Changes from Proposed Regulations

Following its issuance of proposed regulations in November of last year, the IRS today published final regulations (84 FR 23716) under Section 956 of the Internal Revenue Code. The final regulations include very few changes...more

IRS Issues Proposed Regulations under Section 956, Potentially Impacting Certain Multinational Debt Structures

The IRS recently issued proposed regulations (REG-114540-18) under Section 956 of the Internal Revenue Code limiting the effect of such section, and potentially impacting relatively standard collateral package provisions for...more

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