The article titled “The Time Is Now to Prepare for Congressional Inquiries from a Democrat-Led House,” written by Charlotte Members Neil Bloomfield and Edward O’Keefe, and Associate Elena Mitchell, was published and first appeared in the March 4, 2019 edition of Westlaw Journal Bank & Lender Liability.
By Mark Nebrig and Fielding Huseth. No one doubts that Judge Brett Kavanaugh, President Trump’s pick for the Supreme Court, would have an impact on the court’s jurisprudence if confirmed. For financial services and publicly-traded companies, as well as those that support them, one area that should not be overlooked is his potential influence on securities fraud … Continue reading
By Kim Cochran and Frank Schall In a decision with far-reaching implications for corporate victims of fraud, the U.S. Supreme Court recently held that the Mandatory Victims Restitution Act of 1996 (MVRA) does not entitle victims of certain federal offenses, including wire fraud, to reimbursement for costs incurred conducting investigations and participating in civil or bankruptcy … Continue reading
By Neil Bloomfield and Kristen Kenley Double jeopardy prevents criminal defendants from being convicted of the same crime twice. Res judicata prevents civil litigants from facing repeated claims by an overly aggressive plaintiff. Unfortunately, in the years after the financial crisis financial institutions were essentially unprotected from receiving multi-million dollar demands by multiple regulators for the … Continue reading
By Neil Bloomfield and Elena Mitchell. The potential transition away from LIBOR has raised significant concerns in the financial markets, including whether LIBOR will end in 2021, what may replace it, what fallback language should be included in contracts in the interim, and how transition risks can be managed. I was fortunate enough to participate … Continue reading
In a series of interviews, speeches and other public releases, OCC Comptroller Joseph Otting has set out a number of priorities, some substantive, some related to how the agency operates. It is clear that Mr. Otting intends to roll back or “modernize” regulations that have been viewed as burdensome or ineffective by the financial industry. … Continue reading
This post originally appeared on the Moore & Van Allen DataPoints Blog. By Tandy Mathis. On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States law enforcement to … Continue reading