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Results: 11-20 of 32

Required records, the act of production and secret offshore accounts

  • Morvillo Abramowitz Grand Iason & Anello PC
  • -
  • USA
  • -
  • February 27 2013

The Fifth Amendment dictates that no person "shall be compelled in any criminal case to be a witness against himself." While most non-lawyers (and

In Re: Grand Jury Subpoena, 5th Cir., No. 11-20750 (09212012)

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • November 15 2012

The Fifth Circuit Court of Appeals reversed the district court's denial of the government's motion to compel production of foreign bank account records required to be kept under Treasury Department regulations by the target of a grand jury investigation (the "witness"

For holders of offshore bank accounts, another domino falls

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 28 2012

On September 21, 2012, the U.S. Court of Appeals for the Fifth Circuit joined the Seventh and Ninth Circuits in holding that holders of offshore bank accounts have no recourse to the Fifth Amendment privilege against self-incrimination when the government demands that they turn over their offshore bank account records

Should we ever make a loan to a borrower who may die?

  • Gray Plant Mooty
  • -
  • USA
  • -
  • August 14 2012

Not all borrowers are business entities with a perpetual existence

Wilbourn v. Wilbourn, 2012 Miss. App. Lexis 232 (2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • July 26 2012

Co-Trustee removed and denied compensation for actions as chairman of bank owned in part by trust

Clower, et al. v. Wells Fargo Bank, 2012 U.S. Dist. Lexis 30093 (E.D. Texas, March 7, 2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • July 26 2012

Court dismisses suit attempting to remove corporate trustee because only predecessor bank was named in trust documents

Recent cases of interest to fiduciaries: Part 7 Trustee liability for investment losses (Part two)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • October 18 2011

Patricia Gallagher is the settlor and a beneficiary of a charitable remainder trust created on June 8, 2001, with Keybank as trustee

Hirchert Family Trust v. Johnee Ann Alle Hirchert (District Court of Appeal of Florida, Fifth District, June 17, 2011)

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 14 2011

The District Court of Appeal of Florida upheld an exception to the Florida homestead exemption in a case where a trusteedeceased husband of the defendant breached his fiduciary duty as trustee in California, and the defendant later used the proceeds resulting from this breach to purchase real property in Florida

Jarvis et al. v. National City and PNC Bank National Association, 2011 Ky. App. LEXIS 20 (February 4, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • June 15 2011

On December 20, 2008, National City Bank and PNC Bank filed a complaint for declaratory judgment against the beneficiaries of three testamentary trusts for which the banks were serving as trustees, alleging that the trustees had been deprived of reasonable compensation for their services

Noel v. Liberty Bank of Arkansas, 2010 U.S. Dist. LEXIS 72298 (July 16, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 13 2011

On May 12, 2010, Virginia Noel, a Georgia resident, commenced an action in federal district court against Liberty Bank of Arkansas, based on diversity of citizenship and an alleged amount in controversy exceeding $75,000