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Riker Danzig LLP | USA | 4 Aug 2023

Non-Borrower Fraud Allegations Insufficient to Waive Debt Tender Requirement in Quiet Title Action

In its recent opinion issued in Ha v. Bank of N.Y. Mellon, No. H050054, 2023 Cal. App. Unpub. LEXIS 3145 (May 31, 2023), the California Court of…
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Riker Danzig LLP | USA | 10 Jan 2023

NY Holds CEMA Defense Waiver Enforceable & Effective to Waive Statute of Limitations Defense

In the matter of Bank of N.Y. Mellon v. Vogt, LEXIS 2178 (N.Y.L.J. Nov. 3, 2022), on November 3, 2022, the New York Supreme Court, Rockland County…
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Lexology PRO | USA | 13 Oct 2022

BNY Mellon to hold crypto for selected clients

BNY Mellon has become the first systemically-important US bank to add digital assets to its asset custody range.
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5SAH Chambers | United Kingdom, USA | 21 Sep 2020

How the FinCen Papers provide an opportunity to improve the Suspicious Activity Report regime

The ‘FinCen Papers’ look set to become the next Panama Papers, where confidential information has been leaked, lifting the lid on the sheer scale of…
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Winston & Strawn LLP | USA | 19 Aug 2019

New Trustee Fee on Regular Debentures and Other SBIC Funding Process Updates

Effective October 1, 2019, the U.S. Small Business Administration (SBA) will begin charging a Trustee Fee on Small Business Investment Company (SBIC)…
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Maurice Wutscher LLP | USA | 17 Apr 2018

Fla. Supreme Court Bars Vexatious Borrower from Future Pro Se Filings

The Supreme Court of Florida recently denied a pro se borrower’s petition to invoke the jurisdiction of the Court, and imposed sanctions against him…
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Riker Danzig LLP | USA | 10 Nov 2017

Florida Appellate Court Reverses Final Judgment of Foreclosure for Lack of Standing under PSA

Florida’s District Court of Appeal recently reversed a trial court and vacated a final judgment of foreclosure because the bank, as trustee of a…
Commentary
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RPC | United Kingdom | 31 Oct 2017

Court of Appeal brings conflict of laws rules to bear on third-party noteholder rights

The Court of Appeal recently applied established English conflict of laws rules in holding that a non-bearer holder of issued notes was not entitled to sue under those notes for breach of contract. In doing so, the court has provided commercial certainty to downstream holders of interests in securities, but left open important questions as to third-party redress under these structures.
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Squire Patton Boggs | United Kingdom | 11 Oct 2017

Secure Capital SA v Credit Suisse: Court of Appeal Rules that Investor Firm Cannot Sue Issuing Bank over Bearer Notes.

On 6 October 2017, the Court of Appeal ruled that an investor with an interest in promissory notes cannot sue the issuing bank for allegedly making…
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Kramer Levin Naftalis & Frankel LLP | USA | 1 Jun 2017

The Federal Reserve Bank of New York Finds That the Leveraged Lending Guidance Has Not Reduced Systemic Risk

The Federal Reserve Bank of New York issued a Staff Report this week titled "Macroprudential Policy and the Revolving Door of Risk: Lessons from…
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