News & Analysis as of

Dispute Resolution Financial Institutions

A&O Shearman

Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways

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Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more

Conyers

Shifting Sands: The Future of Offshore Regulatory Disputes (Part 1)

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As an evolving area of commercial disputes in the Cayman Islands, global enforcement trends provide us with valuable insight into the types of regulatory proceedings on the horizon for offshore jurisdictions. In this first...more

McDermott Will & Emery

English High Court Enforces Asymmetric Jurisdiction Clause in a Syndicated Loan Facility Agreement

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On 24 May 2024, the English High Court granted final injunctive relief to Barclays Bank Plc (Barclays), both in the form of an anti-suit injunction and an anti-enforcement injunction, arising out of a syndicated loan...more

Stikeman Elliott LLP

Recent Regulatory Developments Impacting the Insurance Sector in Québec

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Over the past few months, there have been a number of regulatory developments in Québec which will have an important impact on the insurance sector. These include: (i) clarifications on how new French language requirements...more

Conyers

Regulatory & Risk Advisory Review: Cayman Islands - April to June 2024

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Welcome to the second instalment of 2024 of the Regulatory & Risk Advisory Review. In this edition we cover several Cayman Islands regulatory updates including updates to the Beneficial Ownership Transparency Act, the...more

White & Case LLP

ECJ reform reduces judicial protection against substantial decisions of the SRB and the ESAs to one instance

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The Statute of the Court of Justice of the EU is undergoing an extensive reform aimed at reducing the Court's workload. A core element of this reform is the severe restriction of admissibility of appeals against decisions...more

Conyers

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

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Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more

UB Greensfelder LLP

[Webinar] FINRA Expungement: A Rundown of Recent Amendments Regarding Expunging Customer Dispute Information - December 14th,...

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Join Michael J. Charlillo as he discusses FINRA's latest expungement process enhancements. He will explore process changes implemented when requesting and obtaining expungement of customer dispute information. Michael will...more

Troutman Pepper

Wisconsin Federal District Court Denies Cross-Motions for Summary Judgment Holding the Reasonableness of Furnisher’s Investigation...

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A U.S. District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the...more

Troutman Pepper

Visa Announces New Dispute Process to Combat “Friendly Fraud”

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On September 28, Visa, Inc. announced its new dispute process aimed at combatting first-party or “friendly fraud” for card-not-present transactions. The rule change offers merchants more ways to show a disputed charge is...more

Bressler, Amery & Ross, P.C.

FINRA Dispute Resolution Update: Five Takeaways from a Busy Year

Originally published in American Bar Association. FINRA Dispute Resolution Services continues to update its rules and procedures to further its effort to operate the country’s largest securities dispute resolution forum in...more

Kohrman Jackson & Krantz LLP

Who’s Liable When Your Cryptocurrency Is Stolen?

One of the asserted advantages of blockchain and cryptocurrency is their operation outside the commercial banking system. However, this very feature poses a challenge when cryptocurrency is stolen—or more accurately,...more

Miles Mediation & Arbitration

Commercial Lending: Practical Considerations and Loan Enforcement, Foreclosure, and Asset Recovery

Commercial lending serves as the lifeblood of businesses and real estate ventures, providing the necessary financial resources for growth and expansion. However, navigating the landscape of commercial lending requires a deep...more

Spilman Thomas & Battle, PLLC

Plaintiffs Pursuing Increased Class Action Claims for Overdraft Fees and Charges Against Customers

With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks...more

Foley & Lardner LLP

Availability of RICO Claims to Foreign Holders of Arbitral Awards

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The United States Supreme Court may soon provide to foreign holders of arbitral awards a powerful tool to enforce the awards in the United States against recalcitrant parties and their enablers — a claim under the Racketeer...more

Morrison & Foerster LLP

Core Considerations for Out-of-Network BNPL Payments

Much has been written about the Buy Now, Pay Later (BNPL) industry in the recent past. Consumers enjoy the payment flexibility and interest-free features of many BNPL products and frequently use them as a substitute payment...more

BCLP

Time to reconsider? Post-Brexit, now is a good opportunity for the finance sector to take a second look at the key benefits...

BCLP on

As we discussed in our It’s Good To Talk article as part of our Emerging Themes in Financial Regulation 2021 publication, many banks and financial institutions operating in the UK have historically tended to favour exclusive...more

Hogan Lovells

Italy Temporary Permissions Regime (TPR) for hard Brexit

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Following the Ministry of Economy and Finance press release of 24 January 2019, last night the Italian Government approved the law decree aimed at ensuring financial stability and market integrity in the event of hard Brexit...more

White & Case LLP

United States Expands Venezuela Sanctions, Targets PdVSA

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On January 28, 2019, the Department of the Treasury's Office of Foreign Assets Control (OFAC) designated Petróleos de Venezuela, S.A. (PdVSA) on the List of Specially Designated Nationals and Blocked Persons (SDN List). PdVSA...more

Holland & Knight LLP

What President Andrés Manuel López Obrador's Election Means to Business in Mexico - An Outlook for Several Key Sectors, Including...

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• Mexico recently voted for a new president, Andrés Manuel López Obrador, in the biggest – and likely the most important – election in the country's history, electing the first left-wing candidate in Mexico. • While it is...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Morrison & Foerster LLP

What To Know About CFPB's New Prepaid Card Rule

The Consumer Financial Protection Bureau issued its final rule to amend provisions of Regulation E and Regulation Z to further regulate prepaid card products, or “prepaid accounts.” As discussed below, the rule generally...more

Orrick, Herrington & Sutcliffe LLP

Brexit - What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we've all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Here's...more

Orrick - Finance 20/20

FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program

On February 2, the Federal Housing Finance Agency (the “FHFA”) announced that Fannie Mae and Freddie Mac have implemented an independent dispute resolution process for resolving repurchase disputes. The process would allow...more

Ballard Spahr LLP

CFPB issues third Financial Literacy Annual Report

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The CFPB has issued its third Financial Literacy Annual Report to Congress. The report covers the CFPB’s activities to improve consumer financial literacy during the period from June 2014 through September 2015. The report’s...more

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