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1
Florida To Enhance Scrutiny Of Business Purpose Mortgage Loans
Florida has enacted a law to crack down on mortgage lenders circumventing residential mortgage licensing and disclosure requirements under the guise of making business-purpose loans.
United States
9 May 2019
2
NLRB Announces Strategic Plan To Speed Up Case Handling
Last week, the National Labor Relations Board (the "NLRB") approved and released its Strategic Plan for Fiscal Years 2019-2022.
United States
14 Dec 2018
3
Congress Provides Long-Awaited Regulatory Relief To Certain Mortgage Lenders
On May 24, 2018, President Trump signed into law the Economic Growth, Regulatory Relief and Consumer Protection Act (the Act), which was passed by Congress on May 22, 2018.
United States
10 Sep 2018
4
Beware The Boilerplate: Multiple Contracts With Similar (But Not Identical) Clauses
In most commercial loan transactions, there will be multiple documents, such as a note, a deed of trust and a guaranty which are intended to have a uniform effect, however, these can often be boilerplate clauses copied and pasted from one deal to another, but they have a critical importance in the context of litigation.
United States
22 Jan 2013
5
Beware The Boilerplate: Introduction
If thereís anything weíve learned from this Great Recession, itís that better loans make better asset-backed securities.
United States
15 Jan 2013
6
Beware The Boilerplate: Issue Three
This is the third issue in a four-part series of Beware the Boilerplate articles.
United States
11 Jan 2013
7
Beware The Boilerplate: Issue Two
This is the second issue in a four-part series of Beware the Boilerplate articles.
United States
8 Jan 2013
8
Beware The Boilerplate: Issue One
This is the first issue in a four-part series of Beware the Boilerplate articles.
United States
19 Dec 2012
9
Fifth Circuit Addresses Issue Of When Oral LSTA Loan Trades Become Binding
The maxim that a "trade is a trade" is the bedrock for the hundreds of billions of dollars1 traded annually in the secondary loan market.
United States
29 Oct 2012
10
The Myths And Merits Of MERS
In 1993, key residential mortgage lending industry participants gathered in order to bring then current developments in technology to the forefront in the establishment of a central, electronic registry for tracking interests in mortgage loans.
United States
27 Sep 2012
11
The Myths And Merits Of MERS (continued)
MYTH: MERS signing officers lack authority to act on behalf of MERS Inc.
United States
27 Sep 2012
12
SEC Exempts "Dribble Out" Programs And Certain Secondary Sales From Large Trader Reporting Rule
In response to an exemption request submitted by the Securities Industry and Financial Markets Association (SIFMA), the Securities and Exchange Commission (SEC) recently granted exemptions from the definition of "transactions" in its large trader reporting rule for certain securities offerings by issuers and selling security holders.
United States
14 May 2012
13
SECís Division Of Corporation Finance Issues JOBS Act Guidance
On April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act (JOBS Act) into law. Previously, both houses of Congress overwhelmingly passed the JOBS Act.
United States
24 Apr 2012
14
With Form PF Compliance Dates Quickly Approaching, Advisers Managing $150 Million Or More Of Private Fund Assets Should Begin To Prepare
On October 26, 2011, the Securities and Exchange Commission (the "SEC") adopted Rule 204(b)-1 under the Investment Advisers Act of 1940 (the "Advisers Act") to require certain investment advisers that advise private funds to periodically complete and file the SECís new Form PF.1 Rule 204(b)-1 implements sections 404 and 406 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") and is intended to provide the SEC with information relevant to assessing the risks th
United States
24 Apr 2012
15
Warning To Executives: Reinvestment Of Dividends In Your 401(k) And Vesting Of Stock Awards May Trigger HSR Filing Requirements
As the result of the automatic investment of dividends and short-term interest earned in his 401(k) account and through vesting of restricted stock units awarded as part of his compensation, Comcast CEO Brian Roberts was charged with and recently settled claims with the DOJ Antitrust Division for violations of the notification requirements in the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act").
United States
26 Jan 2012
16
SEC Adopts Revised Net Worth Standard For Accredited Investors
The Securities and Exchange Commission (SEC) recently adopted amendments to the net worth standard for accredited investors set forth in Rules 215 and 501 under the Securities Act of 1933 (Securities Act).
United States
18 Jan 2012
17
DC Circuit's Proxy Access Decision To Stand, But SEC To Allow "Private Ordering" Of Proxy Access
As we previously reported, in July 2011 a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated Securities Exchange Act Rule 14a-11, known as the proxy access rule.
United States
26 Sep 2011
18
MSRB Withdraws Pending Municipal Advisor Rule Proposals
On September 1, 2011, Andrews Kurth issued an alert advising of two recent filings by the Municipal Securities Rulemaking Board ("MSRB") with the Securities and Exchange Commission ("SEC") in which the MSRB had proposed important new standards of conduct for municipal advisors under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
United States
20 Sep 2011
19
Securities And Exchange Commission Adopts Large Trader Reporting Rule
On July 26, 2011, the Securities and Exchange Commission (the "Commission") adopted Rule 13h‑1 under the Securities Exchange Act of 1934 to require certain "large traders" to identify themselves to the Commission using new Form 13H.
United States
13 Sep 2011
20
SEC Replaces Credit Ratings With New Wide Market Following Test For Shelf Registration Statement Eligibility
The Securities and Exchange Commission (SEC) recently adopted amendments to its short-form registration statements on Forms S-3 and F-3 to replace credit ratings with new eligibility criteria focused on wide market following for the use of the registration statements in offerings of non-convertible securities (other than common equity).
United States
7 Sep 2011
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