ArticleJudge Cote Grants Partial Summary Judgment In RMBS SuitBoNY's primary claim, for breach of representations and warranties, was not a subject of the motion for partial summary judgment. United StatesFinance and BankingOrrick
ArticleLehman Estate Settles Claims By RMBS Insurer And TrusteeOn September 20, 2016, Judge Shelley Chapman of the U.S. Bankruptcy Court for the Southern District of New York approved the $37 million settlement of $1.3 billion in claims...United StatesFinance and BankingOrrick
ArticleLIBOR . . . Coming To An End?Orrick lawyers authored an article titled "LIBOR . . . Coming to an End?" discussing the transition to the post-LIBOR era, with focus on legacy contracts that reference LIBOR. United StatesFinance and BankingOrrick
ArticleNational Credit Union Administration Board Accepts UBS Securities LLC Offer Of JudgmentOn February 25, the National Credit Union Administration Board ("NCUA") accepted an offer of judgment tendered by UBS Securities LLC ("UBS") in the amount of $33,014,285...United StatesFinance and BankingOrrick
ArticleNew York Federal Judge Approves Wells Fargo $1.2 Billion Settlement With FHAOn April 8, U.S. District Judge Jesse M. Furman approved a $1.2 billion settlement paid by Wells Fargo NA to the Federal Housing Administration ("FHA")...United StatesFinance and BankingOrrick
ArticleRMBS Claims Against Bank Of New York Mellon Remain In Federal CourtOn December 18, Judge William Pauley III of the U.S. District Court for the Southern District of New York denied Bank of New York Mellon's motion to dismiss RMBS claims...United StatesFinance and BankingOrrick
ArticleSDNY Finds Three Of Commerzbank AG's RMBS Claims Against The Bank Of New York Mellon Timely Under German Three-Year Statute Of LimitationsOn March 21, 2017, Judge George Daniels of the United States District Court for the Southern District of New York partially granted and partially denied defendant's motion to dismiss in...United StatesFinance and BankingOrrick
ArticleSDNY Grants Trustees' Motion To Dismiss Triaxx CDOs' RMBS Claims For Lack Of StandingOn March 21, 2017, Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York issued a Memorandum and Order granting defendants' motion...United StatesFinance and BankingOrrick
ArticleSEC Proposes Rule To Enhance Regulation Of Use Of DerivativesOn November 25, the Securities and Exchange Commission (SEC) voted to propose new rules and rule amendments to update the existing regulations on the use of derivatives by registered...United StatesFinance and BankingOrrick
ArticleSecond Circuit Overturns Fraud Judgment Against Bank Of America And Former Countrywide ExecutiveOn May 23, 2016, a three-judge panel of the Second Circuit Court of Appeals overturned a judgment of fraud against Bank of America, Countrywide, and former Countrywide executive Rebecca Mairone in U.S. v Countrywide Home Loans, Inc. United StatesFinance and BankingOrrick
ArticleSecond Circuit Upholds Dismissal Of RMBS Lawsuit As Time-BarredOn November 16, the Second Circuit Court of Appeals affirmed the District Court's dismissal of a lawsuit brought by Deutsche Bank National Trust Co. (acting as Trustee for RMBS Trust GSR 2007-OA1) against Quicken Loans, alleging that Quicken breached its obligation to repurchase mortgage loans that violated representations and warranties ("R&Ws").United StatesFinance and BankingOrrick
ArticleTreasury Department Report: Decreasing Regulatory Burdens, Increasing Regulatory Accountability And Fostering Economic GrowthOn June 12, 2017, the U.S. Treasury Department released its report to the President, "A Financial System That Creates Economic Opportunities – Banks and Credit Unions,"...United StatesFinance and BankingOrrick
ArticleUnion Pension Fund Requests Approval Of Settlement With Goldman Sachs In RMBS LitigationThe proposed settlement would conclude lawsuits in which NECA and PFRS alleged that Goldman Sachs had made numerous misstatements about the loans underlying $6 billion in RMBS offerings.United StatesFinance and BankingOrrick
ArticleNew York Intermediate Appellate Court Holds That Accrual Provision Does Not Save RMBS Trustee's Time-Barred Putback ClaimOn August 11, 2016, the First Department of the Appellate Division of the Supreme Court of the State of New York affirmed dismissal of an action brought by Deutsche Bank National Trust Company...United StatesLitigation, Mediation & ArbitrationOrrick
ArticleWMC Settles $1 Billion RMBS Suit During Pendency Of AppealOn August 9, 2016, RMBS trustee Deutsche Bank National Trust Company and WMC Mortgage, LLC, filed a joint motion to stay an appeal pending in the Court of Appeals for the Second Circuit.United StatesLitigation, Mediation & ArbitrationOrrick
ArticleAravind Swaminathan Discusses Executives Being Held Individually Accountable For Data BreachesWondering what regulators are looking to hold individual executives accountable for in data breaches? In this short video, Orrick partner United StatesPrivacyOrrick
ArticleProposed Regulations Under §385 Classifying Interests In A CorporationOrrick attorneys authored an article, titled "Proposed Regulations Under §385 Classifying Interests in a Corporation," addressing Section 385 regulations proposed by the Internal Revenue Service and the U.S. Treasury Department...United StatesTaxOrrick
ArticleHouse Committee On Financial Services Comments On OCC Fintech CharterAll 34 Republican members of the Financial Services Committee of the U.S. House of Representatives, including Chairman Jeb Hensarling (Tex. – R) and Vice Chairman Patrick McHenry (N.C. – R)United StatesTechnologyOrrick
ArticleIn Internet Of Things Era Cybersecurity For Autonomous Vehicles Will Require RestraintThe vulnerability of America's physical infrastructure has long been at the top of mind for national security officials, but the growing threat of cyberattacks, both state-sponsored and criminal...United StatesTechnologyOrrick
ArticlePreparing For A Ransomware AttackRansomware is one of the rising scourges of the business world, with approximately 50% of U.S. companies reporting being hit with a ransomware attack in the past year, according to a recent study.United StatesTechnologyOrrick