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1
Breakage And Yield Protection In A Post-LIBOR World
This Legal Update discusses the origins of the London interbank offered rate (LIBOR) as a "cost of funds" rate.
United States
29 Apr 2019
2
New Japanese Risk Retention Rule Takes Effect On March 31, 2019
On March 15, 2019, the Japanese Financial Services Agency (the "JFSA") published the final version of its amendment to the regulatory capital requirements ...
Japan
25 Apr 2019
3
US Bank Regulators Propose "Net Stable Funding Ratio" Rule To Enhance Financial System Resiliency
The Federal Deposit Insurance Corporation (FDIC), Office of the Comptroller of the Currency (OCC), and Board of Governors of the Federal Reserve System...
United States
11 May 2016
4
Fed Amends Liquidity Rules To Permit Limited Inclusion Of State And Municipal Securities
On April 1, 2016, the Federal Reserve Board (Board) issued a final rule that expands eligible "high-quality liquid assets" (HQLA) for the Basel III liquidity coverage ratio.
United States
6 Apr 2016
5
US Banking Regulators Adopt Final Rule To Impose Liquidity Coverage Ratio On Large US Banking Institutions
The Final Rule requires Covered Companies to maintain unencumbered high quality liquid assets to meet 100%of their projected cash outflows over a stressed 30-day period.
United States
8 Sep 2014
6
Ninth Circuit Affirms Dismissal of Ponzi Scheme Allegations Against JPMorgan
In the wake of the savings and loan crisis of the 1980s, the US Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), to give the Federal Deposit Insurance Corporation (FDIC) power to take all actions necessary to resolve the problems posed by a financial institution in default.
United States
23 May 2012
7
New York High Court May Consider Whether Use of a New York Correspondent Account Can Create Personal Jurisdiction Over Non-US Bank
The US Court of Appeals for the Second Circuit recently issued a decision of substantial interest to the international banking and financial services community.
United States
10 Apr 2012
8
Section 1782 Discovery: A Back Door for Foreign Litigants?
recent decision by the US Court of Appeals for the Second Circuit expands the scope of discovery that foreign litigants may seek in the United States for use in foreign proceedings.
United States
5 Apr 2012
9
Second Circuit Holds That "Presumption Of Prudence" Applies In ERISA Stock Drop Litigation
On October 19, 2011, a divided panel of the US Court of Appeals for the Second Circuit issued two long-awaited opinions addressing the legal standard governing breach of fiduciary duty claims brought against administrators of defined-contribution retirement plans in so-called "stock drop" cases.
United States
 
21 Oct 2011
10
Yield Protection and Increased Costs: Dealing with the Dodd-Frank Act and Basel III
The question of who will pay the additional costs that lenders are expected to incur as a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) and the announced modifications to the Basel Framework of the Basel Committee on Banking Supervision (Basel III) has been a highly debated topic recently ...
United States
29 Mar 2011
11
Corporate Whistleblower Protections Significantly Altered by Dodd-Frank Wall Street Reform Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") includes important changes to corporate whistleblower protections that affect publicly traded and non-publicly traded companies.
United States
30 Jul 2010
12
Potential Actions Against an Auditor When a Bank Fails
The US Federal Deposit Insurance Corporation (FDIC) estimates that by the end of 2010, more than 300 banks will have failed, and that the cost of resolving these failures may reach $100 billion over the next four years.
United States
29 Jul 2010
13
Subjective Falsity Required For Section 11 and 12 Claims Based On Goodwill and Loan Loss Reserve Valuations
On May 10, 2010, the US District Court for the Southern District of New York held that accounting statements of goodwill and loan loss reserves are statements of opinion, and that they create liability under Sections 11 and 12 of the Securities Act only when a defendant did not actually hold the challenged opinion at the time it was made.
United States
14 May 2010
14
Claims Against Accounting Firms – Implications of Merck & Co. v. Reynolds
On April 27, 2010, the US Supreme Court issued a decision that effectively tolled the statute of limitations applicable to securities fraud litigation until plaintiffs discover or reasonably should have discovered sufficient evidence of scienter to plead a fraud claim in conformity with the Private Securities Litigation Reform Act (PSLRA), i.e., fraudulent intent.
United States
7 May 2010
15
Language in Engagement Letters Deserves Greater Scrutiny
A recent ruling by the United States District Court for the District of Massachusetts should cause all entities entering into engagement letters or other similar letters, including banks and other lenders, to carefully consider the language used in their standard form letters.
United States
16 Dec 2009
16
Crucial Transitional Relief Under the FDIC Securitization Safe Harbor
On November 12, 2009, the Board of the FDIC approved an interim rule that provides some crucial transitional relief relating to recent changes in US accounting standards for securitizations (see our June 22, 2009, Client Update "Big Changes to Securitization Accounting").
United States
 
16 Nov 2009
17
Jury Finds BDO International Not Liable For Judgment Against BDO Seidman LLP
BDO International, B.V. (BDO International) was ruled not liable for a $170 million compensatory damages award against its US Member Firm, BDO Seidman LLP.
United States
23 Sep 2009
18
Technical Amendments to FDIC Rules Could Have Significant Impact on Uninsured US Branches of Non-US Banks
The Federal Deposit Insurance Corporation (FDIC) has approved a package of amendments designed, among other things, to conform its deposit insurance regulation (Part 330) to recent temporary statutory increases in the basic deposit insurance coverage limit from $100,000 to $250,000.
United States
23 Sep 2009
19
Impact of FASB’s Accounting Standards Codification on Filings by U.S. Public Companies
On June 30, 2009, the Financial Accounting Standards Board (the “FASB”) adopted Statement of Financial Accounting Standards No. 168, "The FASB Accounting Standards Codification and the Hierarchy of Generally Accepted Accounting Principles – a replacement of FASB Statement No. 162" (the “FASB Codification”).
United States
8 Sep 2009
20
FDIC Adopts Modified Policy Statement on Private Equity Investments in Failed Banks
By a vote of 4-1 (with OTS Acting Director John Bowman dissenting), the board of the Federal Deposit Insurance Corporation (FDIC) adopted a final policy statement establishing guidelines for private equity investors in failed banks or thrifts.
United States
 
31 Aug 2009
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