• 02.19.13

    SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers

    The Securities and Exchange Commission has approved new listing requirements promulgated by the New York Stock Exchange and the Nasdaq Stock Market relating to the composition of and oversight by compensation committees. The listing requirements, as required by the Dodd-Frank Wall Street Reform and ...

  • 02.13.13

    States Take Practical Path on Exchanges

    When the Affordable Care Act was debated in Congress, the House of Representatives wanted one federal exchange and as much federal control of state insurance markets as possible. The Senate wanted state insurance exchanges and state flexibility to tailor market rules to local market conditions.The ...

  • 02.08.13

    Securitized Loans Re-Emerge: Borrowers Beware!

    The securitized loan market, long dormant in the recession of the last four years, appears poised to recover much of its pre-recession share of the lending market in 2013.  These low-interest, high-transaction cost loans are often the best option for borrowers of large loans on well-stabilized ...

  • 02.07.13

    The Hard Cell

    The mobile banking and payment industry is booming. Growth is not limited to bank consumers using smart phones for paying bills or transferring funds. Retailers and e-tailers are cashing in too with their own applications ("apps") and services that offer on-line shopping, point-of-sale ...

  • 01.23.13

    Newly-Released HIPAA Omnibus Rule Modifies Privacy, Security and Breach Notification Requirements

    On January 17, 2013, the Office of Civil Rights of the U.S. Department of Health and Human Services issued a long-awaited omnibus rule (the "Omnibus Rule"), which modifies a wide range of privacy, security and breach notification requirements under the Health Insurance Portability and ...

  • 01.11.13

    How To Handle Confidential Investigations of Bank Activities

    Scenario: In the course of a safety and soundness examination, bank examiners identify certain unusual transactions and bring the issue to the attention of management. Management, in turn, recognizing the potential severity of the issue presented, decides that the matter should be referred to the ...

  • 01.10.13

    Rights of Publicity: Contradictions In The Courts

    A recent New Jersey federal district court decision, Hart v. Electronic Arts Inc., described the body of law attempting to balance First Amendment rights with the right of publicity as "disordered and incoherent,"[1] a description with which those practicing in this subject area would ...

  • 11.26.12

    Financial Advisor Topics in Hostile Takeover Defenses: A Discussion of Fee Arrangements, Potential ...

    The M&A market has continued to experience heightened hostile M&A activity. Despite an inherently high failure rate, hostile offers remain an option for acquisitive strategic companies as well as hedge funds and activist investors. Hostile M&A has been fueled by several factors, ...

  • 11.20.12

    Election Results Signal More State-Level Chemical Regulation

    For several years there have been increasing calls and a growing consensus among both activists and industry to reform the federal Toxic Substances Control Act (TSCA). This is the federal statute that allows the US Environmental Protection Agency (EPA) to review the safety of new chemicals before ...

  • 11.09.12

    How Proposed Basel III Rules Could Impact MSRs

    The value of mortgage servicing rights (MSRs) may be changing and the market for acquiring MSRs may be heating up. This market phenomenon is the result of the proposed Basel III capital rules applicable to banks.For non-banks, the Basel III rules may seem irrelevant, but that could be a mistake. ...

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