Banking and Finance Laws

  • Daily Business Review

    Berkeley Law Grad Convicted of Multimillion-Dollar Fraud in Miami

    By Celia Ampel | July 18, 2017

    The former Wall Street hedge fund employee stole his ex-coworkers' identities to get fraudulent loans, according to prosecutors.

  • Daily Business Review

    Transwestern Brokers Sale of High-Vacancy Jacksonville Tower

    By Carla Vianna | July 18, 2017

    Transwestern's Miami-based managing director John Bell helps market and sell an underperforming office asset in downtown Jacksonville for $15 million.

  • National Law Journal

    CFPB Sets Up Summer Showdown Over Arbitration Rule

    By C. Ryan Barber | July 18, 2017

    The Consumer Financial Protection Bureau is moving forward on a rule that would restrict arbitration agreements that block consumers from bringing class actions against banks. Now, it's game on for the rule's supporters and opponents. The battle may not be confined to Capitol Hill. Ready for a "legal hail Mary"?

  • The Legal Intelligencer

    Independent Director Tacitly OKs Bankruptcy by Silent Ratification

    By Andrew C. Kassner 
and Joseph N. Argentina Jr. | July 14, 2017

    Over the years, the real estate ­industry relied heavily on securitization vehicles to finance commercial real estate projects. The loans are ­packaged and then sold in pools to investors. Various mechanisms have been developed to ­facilitate collection of the loans without the uncertainty of a borrower bankruptcy filing that could delay and increase the costs of collection. Lenders in these secured transactions often use special purpose entities, or SPEs, to attempt to limit the risk of a borrower bankruptcy filing. While these structures can vary, the concept is to create a separate corporate entity whose only ­purpose and asset is the one real estate project, and the only significant obligation is the mortgage loan. The SPE is isolated from the financial affairs of the corporate parent or affiliates. The lender requires the borrower to appoint an independent director to the board from a mutually acceptable source, and unanimous board approval for certain key decisions, such as the decision to file for bankruptcy. Consequently, a lender is able to reduce the risk of delay after default and high costs of collection, and the ­borrower benefits from lower interest rates and fees from the lower cost loan.

  • The Legal Intelligencer

    In re Ross, PICS Case No. 17-1054 (3rd Cir. June 8, 2017) Vanaskie, J. (16 pages).

    By thelegalintelligencer | The Legal Intelligencer | July 14, 2017

    Bankruptcy court had the authority to issue a filing injunction against a debtor who requested voluntary dismissal under §1307(b) because nothing in the bankruptcy code said otherwise but the injunction the court issued was an abuse of discretion since it failed to explain its reasoning for an injunction that was far broader than the one sought by credit union bringing the action. Order vacated.

  • National Law Journal

    How the Supreme Court Has Reined in Federal Prosecutors

    By Marcia Coyle | July 14, 2017

    Federal prosecutors have taken it on the chin in recent U.S. Supreme Court decisions that pushed back against the government's expansive reading of federal criminal laws. The latest setback came Thursday, when a federal appeals court voided the corruption conviction of a once-powerful New York state Assembly speaker. Here's a snapshot of the McDonnell decision and other rulings, four of which were issued by the Roberts Court, that restricted prosecution offices.

  • Litigation Daily

    Litigator of the Week: Quinn Emanuel's $25 Billion Man

    By Scott Flaherty | July 13, 2017

    Following a string of successful mortgage-backed securities cases against most of the banking industry, Philippe Selendy of Quinn Emanuel Urquhart and Sullivan notched another achievement this week.

  • The Recorder

    Why Some California Counties Are Saying No to Commercial Cannabis

    By Cheryl Miller | July 13, 2017

    Voters overwhelmingly said yes to to recreational use. But not every city and county rushed to embrace the green wave. Here are five of the top reasons lawyers and local government officials gave for their hesitation.

  • Daily Business Review

    Jones Day and Skadden Advise Lenders on Mexican Railway Company's Purchase of Florida East Coast Railway

    By Monika Gonzalez Mesa | July 13, 2017

    Mexico Transportes, the largest railroad company in Mexico, has completed its purchase of Florida East Coast Holdings Corp., the owner of the Florida East Coast Railway, paying more than $2 billion.

  • Daily Report Online

    Bradley Arant's Paul Compton, Trump's Pick for HUD GC, Will Face Senate Test

    By C. Ryan Barber | July 13, 2017

    Jerome Paul Compton, the Trump administration's pick for general counsel at the U.S. Department of Housing and Urban Development, pulled in nearly $1.2 million between January 2016 and late March of this year from his work in the Birmingham offices of Bradley Arant Boult Cummings, according to a financial disclosure form. Compton's confirmation hearing is set for July 18.

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