Searching Content indexed under Charges, Mortgages, Indemnities by Ropes & Gray LLP ordered by Published Date Descending.
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Robare V. SEC: The D.C. Circuit "May" Have Punted On Key Disclosure Question, But Takes Clear Stand On "Willful" Conduct
On April 30, 2019, the U.S. Court of Appeals for the D.C. Circuit issued a long-awaited decision in Robare Group, LTD. v. SEC, providing valuable insight for investment ...
United States
29 May 2019
SEC Scrutinizes Sale Of Mortgage Interests Among Affiliated Funds
The sale of mortgage assets between investment vehicles managed by the same adviser has come under scrutiny by the Securities and Exchange Commission ("SEC").
United States
15 Apr 2019
AMLO In Office: A New Dawn In Mexico's Fight Against Corruption?
Andrés Manuel López Obrador ("AMLO"), who ran on the promise to combat and eradicate corruption in Mexico, was elected the country's president on July 1, 2018 with 53 percent of the vote
United States
11 Jan 2019
Deemed-Issuers Election Under Section 817(h)
To make the election, taxpayers must include a statement with their tax returns for the first taxable year to which they want the election to apply.
United States
25 Oct 2018
Podcast - Credit Funds: Make-Wholes And Cramdowns: Understanding The Recent Second Circuit Momentive Decision
Credit funds that invest in distressed debt, whether through secondary trading or loan origination, not only must evaluate the borrower's credit quality and business plan, but, with the help of their lawyers, ...
United States
9 Mar 2018
Ropes & Gray's Investment Management Update: August – September 2017
The following summarizes recent legal developments of note affecting the mutual fund/investment management industry:
United States
12 Oct 2017
Lights Out For LIBOR By 2021
On July 27 of this year, Andrew Bailey, chief executive of the FCA, delivered a speech in which he questioned the sustainability of LIBOR in its current form.
13 Sep 2017
2017 ICI Mutual Funds And Investment Management Conference
Ropes & Gray's memorandum summarizing the 2017 ICI Mutual Funds and Investment Management Conference sponsored by the ICI and the FBA is available above.
United States
4 Apr 2017
Second Circuit Affirms Dismissal Of Mortgage-Backed Securities New York State False Claims Act Case Against Wells Fargo
In New York ex rel. Jacobson v. Wells Fargo National Bank, N.A., the Second Circuit affirmed the dismissal of a relator's tax fraud-based claim against Wells Fargo under the New York False Claims Act ("NYFCA").
United States
6 Feb 2017
Ninth Circuit Holds That Fannie Mae And Freddie Mac Are Not Agents Of The Government Under The False Claims Act
In 2013, relators brought an FCA suit against various lenders and loan servicers.
United States
3 Oct 2016
Update: New IRS Memo On Bad Boy Guarantees
The CCA stated that bad boy carve-out guarantees could cause debt that purported to be non-recourse to be characterized as recourse for purposes of section 752 of the Code...
United States
16 May 2016
To Mitigate Or Not To Mitigate – That Is The Question!
If you suffer loss as a result of negligent advice, do you have a duty to mitigate? If yes, what does that duty look like in practice?
United States
13 May 2016
Non-Performing Loans and Securitisation in Europe
Considerable attention has centered in the recent past on the issue of non-performing loans (NPLs) in the European banking system.
United States
7 Apr 2016
Supreme Court Affirms The Right Of Secured Creditors To Credit Bid In A Sale Under A "Cramdown" Plan Of Reorganization
On May 29, 2012, in "RadLAX Gateway Hotel, LLC v. Amalgamated Bank", the United States Supreme Court unanimously held that a debtor may not confirm a chapter 11 plan.
United States
9 Jun 2012
DOJ/SEC Bring First FCPA Case Involving Private Fund Investment Adviser
On April 25, 2012, the Securities and Exchange Commission (the "SEC") charged a former Managing Director in Morgan Stanley's Chinese real estate investment and fund advisory group with violations of the Foreign Corrupt Practices Act.
United States
9 May 2012
CFTC And SEC Adopt Final Rules Excluding Most Non-Dealers From OTC Swap Registration Requirements
On April 18, 2012, the Commodity Futures Trading Commission (the "CFTC") and the Securities and Exchange Commission (the "SEC", and, together with the CFTC, the "Commissions") adopted final rules defining "swap dealer," "security-based swap dealer," "major swap participant" ("MSP"), and "major security-based swap participant" ("MSSP") under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act").
United States
8 May 2012
U.S. District Court For The District Of Massachusetts Holds Pharmaceutical Companies Not Required To Disclose FDA Inspectional Observations Made On Form 483
In an important ruling dismissing a comprehensive securities class action complaint against Genzyme Corporation, the U.S. District Court for the District of Massachusetts held last week that regulatory comments and inspectional observations provided by the FDA to pharmaceutical companies like Genzyme – including commentary supplied on FDA Form 483 – are of "questionable materiality" and are not automatically required to be disclosed by regulated issuers.
United States
17 Apr 2012
President Signs The JOBS Act
Today, the President signed into law the Jumpstart Our Business Startups Act, H.R. 3606, as amended (the "JOBS Act").
United States
16 Apr 2012
Supreme Court’s Credit Suisse Securities Decision Shields Corporate Insiders From Endless Liability For Short-Swing Profits Under § 16(B) Of The Securities Exchange Act Of 1934
Corporate officers and directors received some assurance from the Supreme Court on Monday that they will not be required to defend against decades-old claims to disgorge short-swing profits.
United States
5 Apr 2012
The European Guidelines On Systems And Controls For Electronic And Algorithmic Trading
On February 24, 2012, the European Securities and Markets Authority ("ESMA") published guidelines on systems and controls in an automated trading environment for trading platforms, investment firms and competent authorities.
European Union
14 Mar 2012
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