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Banking Law

01/09/2013	Confidential Investigations of Bank Activities
12/13/2012	Key Provision of Regulation E Poised for Repeal: Manatt Instrumental in Legislative Efforts
12/11/2012	Officer Liability for Bank Losses: The Jury Speaks
10/26/2012	Key Takeaways From the Mortgage Bankers Association Convention
08/01/2012	The Changing Capital Landscape for Community Banks
07/18/2012	DOL Auditing Healthcare Plans for ACA Compliance
07/12/2012	Banks at Risk: Foreign Corrupt Practices Act Allows Seizure of Customer Bank Accounts
07/02/2012	Bye-Bye to the DFI
06/06/2012	Regulatory Perils in the Fast-Growth World of Mobile Payment Apps
05/14/2012	Stress Test Lite - Here's One for You!
05/14/2012	Time to Put Your 10-K on a Diet: Banks Could Trim Much Boilerplate in 10-K "Sup & Reg" Sections
04/10/2012	What's Fair is Fair for Bank Holding Companies: Using Fairness Hearings in Mergers to Avoid SEC Registration
01/10/2012	CFPB Enforcement Actions Will Impact Community Banks
12/22/2011	Will the Fed’s Approach to Large BHCs Trickle Down to All?
12/22/2011	TalkingPoint: Developing A D&O Risk Management Strategy
12/08/2011	Reaction to Credit Agencies Means More Compliance Costs
12/06/2011	Cybersecurity and the Public Company: Keeping your Disclosures Safe and Sound
11/21/2011	Best Practices for Corporate Governance
11/03/2011	Director Loan Committees Are Special Targets of the FDIC
09/07/2011	Community Bank Interests Are Not Addressed in Banking Media Coverage
08/10/2011	FDIC v. Bank Directors: Where Do We Stand?
06/30/2011	The Fed Settles the Debit Card Issue
06/21/2011	Proposed Guidance on Stress Testing: A Valuable Reminder for All Community Banks
04/19/2011	The Federal Reserve Begins Regulating Thrift Holding Companies
03/29/2011	Risk-Retention Rules for Securitization of Mortgages and Other Financial Assets
02/18/2011	Whither MERS?
02/14/2011	Incentive-Based Compensation for the New Banking Environment
02/04/2011	It’s Hard for Banks to Tell It Like It Is
10/27/2010	Does Dodd-Frank Contain a Virus for Private Equity Investments in Banks?
09/13/2010	Dodd-Frank and Reconsidering Financial Holding Company Status
07/21/2010	The Future of The Federal Thrift Charter
07/16/2010	Congress Passes Financial Reform Bill Impacting The Card Processing Business
07/01/2010	The Dodd-Frank Act Will Open All States To Interstate De Novo Branching
06/15/2010	The Current Regulatory Environment and its Impact on Bank Directors
05/18/2010	Private Equity + Real Estate Capital = A Good Marriage For Banks
03/08/2010	Limits on Creditors Rights Title Insurance Coverage
02/26/2010	Impact of New Credit Card Rules on Marketers
02/19/2010	Executive Compensation Issues to Consider During Proxy Season
01/14/2010	"Say on Pay" for TARP Recipients
01/07/2010	Is There a New Three Strikes Rule for Some California Banks?
11/03/2009	CRE Workout Guidance – Pray and Delay No Longer Works
08/31/2009	“Private Equity” are Still Scary Words at the FDIC
07/10/2009	Is Half a PPIP Better than None?
07/07/2009	California Registered Warrants
06/18/2009	Treasury Issues Interim Final Rules for Recipients of TARP Funds
06/01/2009	CLIENT ALERT: California Supreme Court Issues Opinion in Miller v. Bank of America
05/11/2009	Stress and the Smaller Banks: PPIP or Merge?
04/08/2009	Today’s Bank Regulatory Enforcement Landscape—Tough Disclosure Issues And Unintended Consequences?
04/02/2009	Mark-To-Market Accounting Change – What Does It Mean?
03/26/2009	From Toxic Assets to Legacy Loans or How to Stop Worrying and Love the FDIC Program
03/09/2009	Out with the Old, In with the New: Manatt Table Compares the Terms of Treasury's New Capital Assistance Program with the Earlier Capital Purchase Program
02/20/2009	First Private Bank & Trust Announcement
02/17/2009	Executive Compensation Limits Redux
02/10/2009	Financial Stability Plan
02/06/2009	New Round of Executive Compensation Restrictions for Banks
01/02/2009	Ninth Circuit Holds That a Fixed Fee Is Not Precomputed Interest Under the Federal Refund Law
11/26/2008	Another Tool, Another Tack
11/20/2008	Treasury Posts New Term Sheet for Non-Publicly Traded Financial Institutions
11/14/2008	So You Have Applied to Treasury under the Capital Purchase Program . . . Now What Do You Have to Do?
11/13/2008	The Common Thread
11/11/2008	Opting Out of the Temporary Liquidity Guarantee Program: Not for the Faint of Heart
11/10/2008	Treasury Shines A Light
11/05/2008	TARP 30-Day Report Card
10/28/2008	Merging is Good . . .
10/23/2008	Update on TARP Activities
10/21/2008	U.S. Treasury Provides Guidance on Capital Purchase Program
10/17/2008	Executive Compensation Restrictions Under the Emergency Economic Stabilization Act of 2008
10/16/2008	As The Dust Settles . . .
10/15/2008	Capital Purchase Program \| Restrictions on Executive Compensation \| Temporary Liquidity Guarantee Program Systemically Significant Failing Institutions \| Commercial Paper Funding Facility
10/14/2008	Joint Statement by Treasury, Federal Reserve, and FDIC
10/13/2008	Interim Assistant Secretary for Financial Stability Neel Kashkari Remarks before the Institute of International Bankers
10/03/2008	Congress Passes Economic Rescue Provisions - Key Decisions Left to Treasury
10/01/2008	Senate Passes Rescue Provisions - Support in House Unclear
09/30/2008	The Federal Reserve Posts "Capital Welcome!" Sign and Opens the Gate a Little Wider for Noncontrolling Investments in Banks by Private Equity Firms and Others
09/26/2008	The Implications of the Federal Bailout Legislation
09/26/2008	Manatt Closes One Of The First Loan Portfolio Sales In The Current Market: Lessons Learned On How To Manage A Transaction In Today's Environment
09/19/2008	A Stark Change: New Regulations Will Require the Restructuring of Many Hospital-Physician Arrangements
05/07/2008	Current Issues in Executive Compensation and Benefits
04/25/2008	Increased Foreign Investments in U.S. Banks
03/14/2008	Planning for Success in Changing Markets
03/05/2008	Manatt Partners Provide Insight at Bankers Conference
02/08/2008	Fannie And Freddie Loan Limit Temporarily Increased
01/03/2008	Subprime Loan Modifications and Tax Implications
12/06/2007	Secondary Mortgage Market: Will The Mortgage Rate Freeze Proposal Kill The Market?
12/05/2007	Regulation R: The Tug And Pull Over The Push-Out Rule Is Finally Over
11/28/2007	Abu Dhabi Investment In Citigroup Raises An Unresolved Bank Holding Company Act Issue
10/03/2007	Starting a New Stock Repurchase Program or Expanding an Existing Stock Repurchase Program: A Primer for Banks and Bank Holding Companies
09/20/2007	To Banking Clients With Equity-Based Incentive Plans
07/16/2007	Regulators Issue New Collection and Additional Q&A's on CRA Compliance. Also, CRA Advice to Growing and Acquisitive Banks: Size Matters!
07/03/2007	Proposed Rule 144 Overhaul Breathes Fresh Air into Unregistered Sales of Securities
04/17/2007	U.S. Supreme Court Rules That Federal Law Preempts State Regulation Of National Bank Operating Subsidiaries
03/28/2007	Don't Buy A Class Action Lawsuit When Buying Subprime Loans
03/12/2007	The New Markets Tax Credits Program Offers Much to Banks in Addition to the Community Development it Finances
03/06/2007	Regulators Move on Teaser Rate Mortgages; Lenders Move Away from the Subprime Market; Many Option-ARM Homeowners Face Foreclosure and Moving from Their Homes—Headlines Cause Wild Movements in the Stock Markets
02/21/2007	Uncertificated Securities – New Rules For Direct Registration System
11/06/2006	Remodel and Rekindle Revenue from Older Branch Properties?
11/03/2006	Changes in California Corporate Law: Option for Majority Voting in Director Elections for Listed Corporations Which Have Eliminated Cumulative Voting
07/07/2006	The Still Growing Problem of Data Breach and Identity Theft
06/21/2006	Update on Revised Article 9 of the Uniform Commercial Code
05/03/2006	OCC Publishes New Action Settlement Notification Requirements
02/21/2006	Federal Account Disclosure Regulations Held Not To Preempt California’s Unfair Competition Law
12/08/2005	A Call For Contractual Jury Waivers In California
11/17/2005	New Rules Require Insurance Companies to Comply With Anti-Money Laundering Requirements
11/15/2005	Home Mortgage Disclosure Act Forum Follow-Up
11/03/2005	Proposed Expanded Federal Preemption for State Banks
10/13/2005	Banking is a Risky Business — FDIC Adds Stroke-of-the-Pen Policy Risk, But OCC Allows Revenue Loss Risks to be Hedged
08/15/2005	SEC Enacts Major Securities Act Reforms
08/08/2005	Banking And The “ph Factor”
08/04/2005	Contractual Jury Trial Waivers Invalidated in California State Courts
07/05/2005	SEC Approved Groundbreaking Securities Act Reform
06/29/2005	Class Arbitration Waivers in Consumer Contracts May Be Unenforceable in California \| States May Indirectly Limit Federal “Exportation” Preemption
06/25/2005	A Cautionary Note in Performing Lien Searches: Federal Tax Liens Do Not Need to Perfectly Identify the Taxpayer.
06/15/2005	Trust In The IPO Process
06/03/2005	Individual Retirement Accounts and Bankruptcy – Part Two
05/09/2005	Scoreboard: Lenders 2, Borrowers 1
05/05/2005	Classification of Bank Commercial Credit Exposures
04/13/2005	New California Privacy and Security Laws Impose Nationwide Compliance Obligations (and Litigation Risks)
04/05/2005	Supreme Court Clarifies IRA Exemption In Bankruptcy Cases
04/01/2005	California Court Of Appeal Reaffirms That Banks Owe No Duty To Non-Depositors
03/25/2005	Bankruptcy Bill Will Make Broken System Fair
03/18/2005	Managing Illegal Insider Trading Risk - Yes, Martha's Back, but She Did Trade and She Did Go To Prison!
03/09/2005	Accounting Is King
02/01/2005	California Supreme Court Rejects Local Regulation of Predatory Lending
01/05/2005	Five More Banks Settle Over NorVergence Contracts
12/28/2004	OTS and FDIC Action: A Slap-in-the-Face for Ernst & Young and a Warning to Other CPA Firms
12/27/2004	IRS Publishes Nonqualified Deferred Compensation Guidance
12/20/2004	Congress Makes Drastic Changes To Nonqualified Deferred Compensation Rules
12/17/2004	New Federal Reserve Rating System for Bank Holding Companies: Just an Updated Letter Formula to Capture Current Examination Practices?
11/30/2004	California law barring lenders from engaging in harassing debt collection practices not preempted by federal regulations. \| Banks may not offset governmental benefits directly deposited into bank accounts against charges for overdrafts and nonsufficient fund fees.
11/05/2004	Proposition 64 Passes, Limiting Private Unfair Competition Lawsuits in California
10/20/2004	Beware of Phishing Scams in Your E-mail Inbox!
10/15/2004	NASD To Require CEO Compliance Certification For Member Organizations and Designation of Chief Compliance Officer
09/14/2004	The Emerging Role of Private Equity in Middle-Market Bank Acquisitions
08/24/2004	SEC Proposes New Bank Broker Rules
08/03/2004	Shared appreciation loan made by bank to a partnership was not usurious.
05/20/2004	Trust Preferred Securities Still Eligible for Tier 1 Capital Treatment; New Rules are a Compromise
05/05/2004	Outstanding CRA Compliance is at Best a Shield and not a Safe Harbor for M&A Applications
04/28/2004	Right of Setoff May Affect Sales Treatment of Loan Participations
04/16/2004	Guidance Issued on Unfair or Deceptive Acts or Practices by State-Chartered Banks
02/26/2004	How Many Bankruptcy Lawyers Does it Take to ... ?
02/18/2004	A new case from the California Court of Appeal in San Francisco has cast doubt on the validity of a common provision in loan agreements and other bank documents \|Validity and Enforceability of Contractual Venue Selection Clauses Under California Law
02/10/2004	California Franchise Tax Board Attacks REITs and RICs
01/20/2004	Proposed Rules Promulgated by the Federal Reserve Board to Establish More Uniform Disclosure Standards under the Consumer Protection Regulations
12/11/2003	Fair And Accurate Credit Transactions Act Of 2003
11/05/2003	Exemption From The California Lending Licensing Requirements For Certain Venture Capital Bridge Loans
10/23/2003	Anti-Money Laundering Program Requirements May Affect Real Estate Industry
10/10/2003	SB 186 – Unsolicited Commercial E-mail Advertisements in and to California.
10/03/2003	Trust Preferred Securities Could Be Affected By FIN 46
09/22/2003	Risk Weight For Tax Refund Loans
08/27/2003	California Trial Court Throws Out Lawsuit Challenging Wholesale Lender Payments To Mortgage Brokers
08/20/2003	California Insurance Commissioner Concludes That A “Lien Protection Policy” Is Title Insurance And Not Mortgage Guaranty Insurance
08/15/2003	California Franchise Tax Board Targets Regulated Investment Companies For Audit
08/12/2003	Shell Game
08/04/2003	Know Your Customer and Know Your Customer’s Business – Is That Where We Are Heading?
07/18/2003	California Data Security Disclosure Law
07/02/2003	Kmart Sues A “Critical Vendor” Seeking The Return Of $49 Million Paid Pursuant To A Bankruptcy Court Order
06/10/2003	U. S. Postal Service Notifies Banks That It Will Charge Back All Domestic Postal Money Orders Which have Been Negotiated on Foreign Soil
05/28/2003	California Supreme Court Holds That Stockholders May Maintain An Action For Fraud Or Negligent Misrepresentation Against Public Corporations When The Stockholders Hold Their Stock In Reliance Upon False Statements Made By The Company In Public Disclosures Or Periodic Reports, Provided That The Stockholders Allege Actual, Specific Reliance On The Public Statements
04/30/2003	Insured Depositories Are Brought Under The SEC Auditor Independence Rules That Also Govern Their Holding Companies Which May Require Reorganization Of Internal Auditing Functions
04/11/2003	Ninth Circuit Issues Another Opinion Supporting Legality Of Yield Spread Premiums Litigation Involving Alleged Deceptive Practices In Connection With Credit Cards Allowed To Proceed Federal Reserve Issues Final Updated Commentary To Regulation Z
04/07/2003	Wire Transfer Case of Interest
03/24/2003	Federal Court Permits Wells Fargo Subsidiary To Continue Mortgage Lending In California Based On Status As Operating Subsidiary Of National Bank But Also Allows California Regulator To Proceed With Revoking Subsidiary's State Licenses.
01/21/2003	Disciplinary Action Against Accountants And Accounting Firms
12/11/2002	Credit Card Activation FRB Announces Statistical Sampling FTC Settles with Deceptive Gold Card Marketers Local Ban on ATM Fees Does Not Apply to National Banks ICBA Joins FDIC’s Money Smart Alliance Program No Need for Banks to Replenish Bank Insurance Fund Visa/MasterCard Antitrust Litigation
12/11/2002	Credit Card Activation \| FRB Announces Statistical Sampling
09/11/2002	Bank fees -- still a bargain
06/09/2002	Banks warned about covenants associated with supervisory actions in securitization documents
05/13/2002	2002 Financial Institutions Law
04/10/2002	Annual interest rates reduced for certain credit card holders
03/18/2002	ABA – Community bank competition
02/06/2002	Banking agencies issue rules on nonfinancial equity investments
11/14/2001	Financial services newsletter

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