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A warning to financial institutions: failure to issue a litigation hold may have serious consequences

  • Frost Brown Todd LLC
  • -
  • USA
  • -
  • May 3 2013

As electronic discovery has become more prevalent and voluminous, national standards for the preservation of evidence have evolved dramatically in

Tronox Securities Litigation settlement has implications for environmental disclosures and related D&O insurance claims

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • August 17 2012

A settlement has been announced in the Tronox Securities Litigation, making it one of the first cases where the failure to publicly disclose environmental liabilities has resulted in a substantial settlement

Policy voided where insured concealed operation of Ponzi scheme and misrepresented financial status

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 19 2012

Applying Georgia law, the United States Bankruptcy Court for the Northern District of Georgia has voided a surplus lines policy on the grounds that the insured, a purported hedge fund management firm, concealed that it was operating a Ponzi scheme, submitted an inaccurate financial statement, and misrepresented that its investment funds were “stable.”

Financial services legislative and regulatory update - 14 May 2012

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • May 14 2012

What was heading to be a rather routine week of hearings and the continued implementation of Dodd-Frank was shaken by the end of the week news that JP Morgan had a $2 billion dollar trading lost

FDIC issues proposal regarding enforceability of contracts for systemically important financial institutions

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 23 2012

On March 20, the Federal Deposit Insurance Corporation (FDIC) proposed a rule (Proposed Rule), with request for comments, that implements section 210(c)(16) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act or the Act) , which permits the FDIC, as receiver for a financial company whose failure would pose a significant risk to the financial stability of the United States (a covered financial company), to enforce contracts of subsidiaries or affiliates of the covered financial company despite contract clauses that purport to terminate, accelerate, or provide for other remedies based on the insolvency, financial condition or receivership of the covered financial company

Financial services legislative and regulatory update - December 19, 2011

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • December 19 2011

In what now accounts for standard operating procedure, the past week saw a flurry of last minute activity, as the threat of having to stay in Washington, DC for the week before Christmas appeared to provide the leverage necessary for Congress to finish up much of its end of the year business

Federal Deposit Insurance Corporation and Treasury Department issue proposed rules for calculation of maximum obligation limitation under Dodd-Frank

  • Williams Mullen
  • -
  • USA
  • -
  • December 16 2011

On Friday, November 25, 2011, the Federal Deposit Insurance Corporation (the “FDIC”) and the Department of the Treasury (“Treasury”) issued joint proposed rules to implement the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the “Act”

Standing out in the crowd

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 6 2011

Pursuant to Section 113 of Dodd-Frank aimed at avoiding a repeat of the Lehman Brothers collapse in September 2008, the Federal Stability Oversight Council (“FSOC”) issued a proposed rule establishing a three-stage analysis for identifying non-bank systemically important financial institutions

Progress in Dodd-Frank implementation

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 8 2011

A number of activities of potential significance have occurred in the implementation of the Dodd-Frank Act

Fraudulent conduct of principals imputed to company, barring coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • October 11 2011

The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a dishonesty exclusion barred coverage under primary and excess directors and officers policies for the Wrongful Acts of the principals of a bankrupt company, all of whom were criminally convicted of securities fraud and related crimes

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