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  • Article

    NCUA Sues HSBC For Alleged Breaches Of Duties As Trustee For 37 RMBS Trusts

    On March 20, the National Credit Union Administration Board, acting as liquidating agent for five failed credit unions, filed suit against HSBC USA in the Eastern District Court of Virginia.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    NCUA Sues Wells Fargo For Allegedly Failing To Comply With RMBS Trustee Duties

    On December 22, National Credit Union Administration sued Wells Fargo, as an RMBS trustee, in the United States District Court for the Southern District of New York.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    New York Appellate Court Upholds ACA's Fraud Suit Against Goldman Sachs

    On August 18, 2015, the New York Appellate Division's First Department held that ACA Financial Guaranty Corp. adequately pled its fraud suit against Goldman Sachs Group Inc.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    RMBS Contract Claims Against Trustee Dismissed In Part

    On October 2, 2015, Justice Saliann Scarpulla of the New York Supreme Court issued an Opinion and Order partially granting Bank of New York Mellon's Motion to Dismiss an RMBS action brought by Commerce Bank and other RMBS investors.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    RMBS Suit Against WMC Mortgage LLC Dismissed As Time-Barred

    On July 10, 2015, Judge Alvin Hellerstein of the Southern District of New York granted defendant WMC Mortgage LLC's motion for judgment on the pleadings in an action brought by the Federal Housing Financial Agency...
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Second Circuit Affirms Dismissal Of $56M MBS Suit Against Bank Of America

    On November 25, the United States Court of Appeals for the Second Circuit upheld the dismissal of IKB Deutsche Industriebank AG’s suit against Bank of America.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Second Circuit Holds That Trust Indenture Act Does Not Apply And Dismisses RMBS Investor Claims Against BNY Mellon

    On December 23, the United States Court of Appeals for the Second Circuit dismissed claims against Bank of New York Mellon, as trustee, by four pension funds in a putative class action relating to 530 Countrywide RMBS trusts worth $424 billion.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Second Circuit Vacates Dismissal Of $25M CDO Case Against Citi

    On April 22, 2015, the Second Circuit vacated and remanded a district court’s decision dismissing on statute of limitations grounds claims Woori Bank brought against Citigroup Global Markets...
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Seventh Circuit Reverses Summary Judgment Ruling In RMBS Case

    On August 21, 2015, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal judge's ruling granting summary judgment to RBS Securities Inc...
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Simplifying GSE Reform – A Roundtable Discussion

    On April 8, 2015 Andrew Davidson & Co, held a roundtable discussion in Washington D.C., "Simplifying GSE Reform – A Roundtable Discussion".
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Trustee Representation And Warranty Suit Against Morgan Stanley Will Proceed

    Justice Marcy Friedman of the Supreme Court for the State of New York partially dismissed U.S. Bank’s suit against sponsor Morgan Stanley Mortgage Capital.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Trustees Seek Approval Of $4.5 Billion Settlement

    On January 20, trial commenced before Justice Marcy Friedman in New York County Supreme Court to determine whether Deutsche Bank, U.S. Bank, and the other trustees of 330 RMBS trusts...
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    U.S. Treasury Department Issues White Paper On Online Marketplace Lending Industry

    On May 10, 2016, the Department of the Treasury issued a white paper on online marketplace lending that maps the current market landscape, reviews industry insights and offers policy proposals for the road ahead.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    U.S. Treasury Issues Guidance On The Transition From Interbank Offered Rates To Other Reference Rates

    The U.S. Department of the Treasury issued proposed regulations that provide guidance on the transition from LIBOR.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Update To Madoff

    Following our post on the district court's extraterritoriality decision, the bankruptcy court dismissed the actions against several defendants on the grounds that the presumption against extraterritoriality ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Orrick
    Orrick
  • Article

    Bob Loeb Participates In Lawfare Podcast On D.C. Circuit Ruling In Al-Nashiri

    Bob Loeb, a partner in Orrick's Supreme Court & Appellate group and a former appellate counsel at the U.S. Department of Justice, where he handled numerous national security related cases, recently participated in an episode of The Lawfare Podcast
    United StatesLitigation, Mediation & Arbitration
    Orrick
    Orrick
  • Article

    "Cybersecurity Guide Navigating The Digital Age" – Cyber Risks To Board Of Directors

    In the wake of high-profile cyberattacks, boards of directors are increasingly being scrutinized by regulators, shareholders, and the public over their oversight of cybersecurity risk.
    United StatesPrivacy
    Orrick
    Orrick
  • Article

    The Cybersecurity Playbook: Building Effective Attack And Breach Preparedness

    With the most significant of cyberattacks resulting in millions of dollars in costs, irreparable damage to a company's brand, and key executives getting fired, organizations must begin to prepare...
    United StatesPrivacy
    Orrick
    Orrick
  • Article

    UPDATE: A Data Breach By Any Other Name

    The Connecticut Supreme Court on Monday affirmed the lower courts' decisions in Recall Total Information Management, Inc. v. Federal Ins. Co., a case on which we have previously commented.
    United StatesPrivacy
    Orrick
    Orrick
  • Article

    Nine Key Tax Issues For Startup Founders To Consider

    Grady Bolding, a partner in Orrick's Tax team in San Francisco, recently co-authored an article with Orrick alum Richard Harrochs, now a Managing Director and Global Head of M&A...
    United StatesTax
    Orrick
    Orrick

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