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Results: 1-10 of 53

Recent Second Circuit decision in Kaess v. Deutsche Bank underscores significance of anticipated ruling by U.S. Supreme Court next term in Omnicare on liability for statements of opinion

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • July 29 2014

In Kaess v. DeutscheBank AG, No. 13-2364 (2d Cir. July 16, 2014), the Second Circuit applied the reasoning in its 2011 decision in Fait v. Regions

District Court holds hedge funds not eligible assignees under loan agreement and thus not entitled to vote on plan

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • April 1 2014

The District Court for the Western District of Washington recently concluded that certain Hedge Funds were not "Eligible Assignees" of loan

Second Circuit issues new opinion regarding class action standing and damages under the Securities Act

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • September 11 2012

On September 6, 2012, the United States Court of Appeals for the Second Circuit issued an important decision in NECA-IBEW Health & Welfare Fund v. Goldman Sachs & Co., 11-02762-cv (Sept 6, 2012) (“NECA-IBEW”), vacating in part the dismissal of a putative class action brought under 11, 12(a)(2) and 15 of the Securities Act by an RMBS purchaser

SEC approves FINRA Rule 5123 on notice filings for private placements

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • June 19 2012

The Securities and Exchange Commission (the “SEC”) has approved on an accelerated basis new Rule 5123 (Private Placements of Securities) proposed by the Financial Industry Regulatory Authority (“FINRA”

Supreme Court holds secured creditor has absolute right to credit bid at a plan sale

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • June 4 2012

Whether a secured creditor has an absolute right to credit bid at a sale under a chapter 11 plan has been the subject of conflicting decisions rendered by the Third, Fifth and Seventh Circuits

Court of Chancery permanently enjoins sale that would violate trust indentures

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • March 12 2012

In In re BankAtlantic Bancorp, Inc. Litig., the Delaware Court of Chancery permanently enjoined the acquisition of BankAtlantic, a federal savings bank (“BankAtlantic”), from its bank holding company parent BankAtlantic Bancorp (“Bancorp”) by BB&T Corporation because the transaction would run afoul of the standard successor obligor provisions of the indentures related to Bancorp's trust preferred stock (“TruPS”

Designation of systemically important nonbank financial institutions under the Dodd-Frank Act

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • November 10 2011

The Financial Stability Oversight Council (“FSOC”) has published a proposed rule and interpretive guidance (together, the “Rule”) that detail the criteria and process the FSOC would use to designate nonbank financial companies as systemically important pursuant to the Dodd-Frank Act

Summary of the proposed rule implementing the Volcker Rule

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • November 1 2011

On October 11 and October 12, 2011, the Board of Governors of the Federal Reserve System (the “Board”), the Federal Deposit Insurance Corporation (the “FDIC”), the Office of the Comptroller of the Currency and the Securities and Exchange Commission (the “SEC”) issued a notice of proposed rulemaking and request for comments (the “Proposed Rule”) implementing Section 619 of the Dodd-Frank Act, also known as the “Volcker Rule.”

Final FBAR regulations FBAR filing not required for offshore private funds for 2010

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • March 3 2011

Summary On February 23, 2011, the Financial Crimes Enforcement Network ("FinCEN") of the Department of the Treasury issued Final Regulations with respect to the requirement to file Form TD-F 90-22

The Dodd-Frank Wall Street Reform and Consumer Protection Act - summary and analysis

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • August 20 2010

The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama on July 21, 2010