Articles

02.08.13

Securitized Loans Re-Emerge: Borrowers Beware!

The securitized loan market, long dormant in the recession of the last four years, appears poised to recover much of its pre-recession share of the lending market in 2013.  These low-interest, high-transaction cost loans are often the best option for borrowers of large loans on well-stabilized ...


02.07.13

The Hard Cell

The mobile banking and payment industry is booming. Growth is not limited to bank consumers using smart phones for paying bills or transferring funds. Retailers and e-tailers are cashing in too with their own applications ("apps") and services that offer on-line shopping, point-of-sale ...


01.23.13

Newly-Released HIPAA Omnibus Rule Modifies Privacy, Security and Breach Notification Requirements

On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services issued a long-awaited omnibus rule (the "Omnibus Rule"), which modifies a wide range of privacy, security and breach notification requirements under the Health Insurance Portability and ...


01.11.13

How To Handle Confidential Investigations of Bank Activities

Scenario: In the course of a safety and soundness examination, bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential severity of the issue presented, decides that the matter should be referred to the ...


01.10.13

Rights of Publicity: Contradictions In The Courts

A recent New Jersey federal district court decision, Hart v. Electronic Arts Inc., described the body of law attempting to balance First Amendment rights with the right of publicity as "disordered and incoherent,"[1] a description with which those practicing in this subject area would ...


11.26.12

Financial Advisor Topics in Hostile Takeover Defenses: A Discussion of Fee Arrangements, Potential ...

The M&A market has continued to experience heightened hostile M&A activity. Despite an inherently high failure rate, hostile offers remain an option for acquisitive strategic companies as well as hedge funds and activist investors. Hostile M&A has been fueled by several factors, ...


11.20.12

Election Results Signal More State-Level Chemical Regulation

For several years there have been increasing calls and a growing consensus among both activists and industry to reform the federal Toxic Substances Control Act (TSCA). This is the federal statute that allows the US Environmental Protection Agency (EPA) to review the safety of new chemicals before ...


11.09.12

How Proposed Basel III Rules Could Impact MSRs

The value of mortgage servicing rights (MSRs) may be changing and the market for acquiring MSRs may be heating up. This market phenomenon is the result of the proposed Basel III capital rules applicable to banks.For non-banks, the Basel III rules may seem irrelevant, but that could be a mistake. ...


10.17.12

DOJ Escalates Use of the Foreign Corrupt Practices Act To Seize Customer Bank Accounts

Banks are becoming more vulnerable to seizures of customer assets by the U.S. government, as asset forfeiture actions, an enforcement tool once reserved for drug dealers and money launderers, are increasingly being brought against legitimate companies in foreign corrupt practices cases.To enforce ...


10.15.12

Work Product Protection for Experts: Notable Decisions Under the 2010 Amendments to Rule 26

The 2010 amendments to Rule 26-by excluding an expert's communications with counsel and drafts of the expert's reports from discovery-have created a zone of comfort, allowing greater candor and more effective communication between attorneys and their retained experts. Lurking at the ...