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Buyback Programs

Akin Gump Strauss Hauer & Feld LLP

US Solar Structures: Cash Equity Considerations

The solar financing market is maturing. You can tell because new money is crowding into the market, and the capital stacks are getting more complicated. Many of these funky structures even have names, like the “Double...more

Searcy Denney Scarola Barnhart & Shipley

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2017 #3

NAD Inquiry Results in Modified Celebrity Endorsements - As a result of an inquiry by the National Advertising Division, celebrity endorsements of FitTea were revised to better disclose material connections. The...more

Morrison & Foerster LLP

EU Market Abuse Regulation - Requirements for U.S. Issuers

by Morrison & Foerster LLP on

The EU Regulation on Market Abuse (“MAR”) came into effect on 3 July 2016, replacing the previously existing Market Abuse Directive and expanding the application of the EU’s market abuse regime. In addition to detailing...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #3

YouTube Adds Sponsored Content Notification Feature - To help influencers achieve compliance with the necessary disclosures about their relationships with advertisers, YouTube has unveiled a new tool to provide notice to...more

Farella Braun + Martel LLP

Developments in SEC Private Company Enforcement: Sophisticated VC’s in the Role of Victim

by Farella Braun + Martel LLP on

The announcement that San Francisco private company Hampton Creek faces an SEC inquiry related to their alleged “buyback” program of vegan mayo comes as no shock... As soon as the facts were initially reported it seemed only...more

Searcy Denney Scarola Barnhart & Shipley

VW ‘Dieselgate’ Settlement Benefit Consumers, Environment

News of “Dieselgate” broke in the Fall 2014, when vaunted vehicle-maker Volkswagen was accused of dodging federal emissions laws by rigging its automobiles so they would pass smog tests. The summer of 2015 saw the scandal...more

Downs Rachlin Martin PLLC

Volkswagen Class Action Update

by Downs Rachlin Martin PLLC on

Proposed settlement filed in Volkswagen class action - The class plaintiffs, the government and VW filed a proposed settlement agreement in court yesterday. I wanted to provide you with a copy of the proposed settlement...more

Dorsey & Whitney LLP

California’s Latest Attack on Franchise Industry Goes Into Effect

by Dorsey & Whitney LLP on

A new California law (AB 525, effective January 1, 2016) makes it harder for franchisors to terminate defaulting franchisees, requires franchisors to buyout franchisees in some cases, and adds new burdens for evaluating...more

Carlton Fields

Florida Appellate Court Adopts Test to Distinguish Direct Shareholder Actions From Derivative Actions

by Carlton Fields on

Addressing what it acknowledged was a “murky question” under Florida law, Florida’s Fourth District Court of Appeal recently outlined the test for determining when shareholders may maintain a direct action against a...more

Baker Donelson

MillerCoors Settles with TTB

by Baker Donelson on

The Alcohol and Tobacco Tax and Trade Bureau (TTB) hasaccepted a $450,000 offer in compromise from MillerCoors, LLC for alleged violations of the trade practice provisions of the Federal Alcohol Administration (FAA) Act....more

Baker Donelson

California Dreams Becoming Reality for Franchisees; Amended Franchise Relationship Law Nears Passage

by Baker Donelson on

The California State Assembly saw the seventh amended version of proposed changes to the California Franchise Relationship Act (CFRA) introduced August 17, 2015. This amendment is the product of industry negotiations that...more

Cooley LLP

Blog: They Spurred The Stock Buyback Phenomenon. Will Hedge Fund Activists Now Eviscerate R&D?

by Cooley LLP on

It is widely recognized that one of the primary causes of the current stock buyback phenomenon has been pressure from hedge fund activists....more

Carlton Fields

Court Dismisses All Claims Brought By Insured Against Reinsurance Intermediary And Agent In Connection With Fraudulent Scheme And...

by Carlton Fields on

A federal district court has dismissed all claims brought against American Special Risk (ASR), a reinsurance intermediary and agent for insurer Signet, by insured Car Sense. Car Sense sued Signet and ASR in connection with a...more

Bilzin Sumberg

Editorial: Banks Can Fight Buyback Claims with a Little Help from BofA

by Bilzin Sumberg on

Bank of America took a big hit when it reached a record-breaking $16.65 billion mortgage settlement with the United States Department of Justice in August. The company is likely to attempt to recoup as much of the penalty as...more

Latham & Watkins LLP

Hushmail: Are Activist Hedge Funds Breaking Bad?

by Latham & Watkins LLP on

Increasingly, some activist hedge funds are looking to sell their stock positions back to target companies. How should the board respond to hushmail? The Rise and Fall of Greenmail - During the heyday of...more

Bilzin Sumberg

Massachusetts Sues Fannie and Freddie for Blocking Home Buybacks

by Bilzin Sumberg on

Earlier this month, Massachusetts Attorney General Martha Coakley initiated an action against Fannie Mae, Freddie Mac and the Federal Housing Finance Agency for allegedly illegally impeding non-profit foreclosure buyback...more

Traub Lieberman Straus & Shrewsberry LLP

11th Circuit Affirms Disclaimer Under Pollution Buy-Back Endorsement

In its recent decision in Composite Structures, Inc. v. The Continental Ins. Co., 2014 U.S. App. LEXIS 5258 (11th Cir. Mar. 20, 2014), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had...more

Bilzin Sumberg

Federal Court Follows Recent Statute of Limitations Decision for Mortgage Buyback Claims

by Bilzin Sumberg on

We recently posted about a critical ruling out of New York’s intermediate state appellate court, the case of ACE Securities Corp. v. DB Structured Products, Inc., 977 N.Y.S.2d 229, 231 (N.Y.A.D. 1st Dept. Dec. 19, 2013). In...more

Bilzin Sumberg

NY Appellate Court Reverses Decision on Statute of Limitations for Mortgage Buyback Claims

by Bilzin Sumberg on

On December 19, 2013, correspondent lenders were the beneficiaries of a long-awaited common sense ruling on when the statute of limitations begins to run under New York law for purposes of a mortgage buyback claim. The...more

Traub Lieberman Straus & Shrewsberry LLP

Oklahoma Court Enforces Terms of Pollution Buy-Back

In its recent decision in Star Ins. Co. v. Bear Prods., Inc., 2013 U.S. Dist. LEXIS 148559 (E.D. Okl. Oct. 16, 2013), the United States District Court for the Eastern District of Oklahoma had occasion to consider the...more

Bilzin Sumberg

Wells Fargo Settles Mortgage Buyback Litigation with Freddie Mac for $869 Million

by Bilzin Sumberg on

As of June 30 of this year, Wells Fargo & Co., this nation’s largest mortgage lender, had received demands to repurchase $1.4 Billion out of the $343 billion of residential-mortgage loans Wells Fargo sold to Freddie Mac and...more

McAfee & Taft

Late notice by petroleum transporter results in insurance coverage denial

by McAfee & Taft on

In the matter of Starr Indem. & Liab. Co. v. SGS Petroleum Serv. Corp., Case No. 12-20545 (5th Cir. June 18, 2013), the U.S. Court of Appeals for the Fifth Circuit recently upheld their prior decision in Matador Petroleum...more

Bilzin Sumberg

Citigroup Resolves Mortgage Buyback Dispute with Fannie Mae

by Bilzin Sumberg on

During the aftermath of the financial crisis, Fannie Mae and Freddie Mac have been aggressively demanding that Wall Street and big bank aggregators repurchase millions of defaulted and distressed loans for alleged breaches of...more

Traub Lieberman Straus & Shrewsberry LLP

5th Circuit Holds Late Notice Bars Coverage Under Buy-Back Pollution Coverage

In its recent decision in Starr Indemnity & Liability Co. v. SGS Petroleum Service Corp., 2013 U.S. App. LEXIS 12425 (5th Cir. 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion...more

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