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  • Article

    Royal Park Investments Sues RMBS Trustee Deutsche Bank Over $3.1 Billion In Alleged Losses

    On June 18, Royal Park Investments filed a putative class action in the Southern District of New York against Deutsche Bank National Trust Company.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    SDNY Finds Three Of Commerzbank AG's RMBS Claims Against The Bank Of New York Mellon Timely Under German Three-Year Statute Of Limitations

    On 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 Banking
    Orrick
    Orrick
  • Article

    SDNY Grants Trustees' Motion To Dismiss Triaxx CDOs' RMBS Claims For Lack Of Standing

    On 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 Banking
    Orrick
    Orrick
  • Article

    SEC Proposes Rule To Enhance Regulation Of Use Of Derivatives

    On 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 Banking
    Orrick
    Orrick
  • Article

    Second Circuit Overturns Fraud Judgment Against Bank Of America And Former Countrywide Executive

    On 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 Banking
    Orrick
    Orrick
  • Article

    Second Circuit Upholds Dismissal Of RMBS Lawsuit As Time-Barred

    On 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 Banking
    Orrick
    Orrick
  • Article

    Signature Of The Intergovernmental Agreement On The Single Resolution Fund

    The Council of the EU published the agreement on the transfer and mutualisation of contributions to the single resolution fund.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    The Fed Invites Comment On Proposal To Modify The Regulations For Capital Planning And Stress Testing

    On June 12, the Fed invited comments on a proposal to modify the regulations for capital planning and stress testing.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Treasury Department Report: Decreasing Regulatory Burdens, Increasing Regulatory Accountability And Fostering Economic Growth

    On 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 Banking
    Orrick
    Orrick
  • Article

    Trustee’s Repurchase Suit Against Quicken Loans Dismissed As Time-Barred

    On August 4, Judge Paul A. Crotty of the Southern District of New York granted Quicken Loans’ motion to dismiss a lawsuit brought by Deutsche Bank National Trust Co.
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    Union Pension Fund Requests Approval Of Settlement With Goldman Sachs In RMBS Litigation

    The 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 Banking
    Orrick
    Orrick
  • Article

    U.S. Bank Reaches $6 Million Settlement Of Claims For Breach Of RMBS Trustee Duties

    On December 17, the parties in Oklahoma Police Pension and Retirement System v. U.S. Bank, N.A., No. 11-cv-8066 (S.D.N.Y.) asked the court to approve a $6 million settlement of class action claims asserted against U.S. Bank...
    United StatesFinance and Banking
    Orrick
    Orrick
  • Article

    New York Intermediate Appellate Court Holds That Accrual Provision Does Not Save RMBS Trustee's Time-Barred Putback Claim

    On 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 & Arbitration
    Orrick
    Orrick
  • Article

    UBS Motion To Dismiss RMBS Suit Granted In Part

    Judge Denise Cote granted in part and denied in part UBS’s motion to dismiss a lawsuit filed against it by the National Credit Union Administration.
    United StatesLitigation, Mediation & Arbitration
    Orrick
    Orrick
  • Article

    WMC Settles $1 Billion RMBS Suit During Pendency Of Appeal

    On 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 & Arbitration
    Orrick
    Orrick
  • Article

    Aravind Swaminathan Discusses Executives Being Held Individually Accountable For Data Breaches

    Wondering what regulators are looking to hold individual executives accountable for in data breaches? In this short video, Orrick partner
    United StatesPrivacy
    Orrick
    Orrick
  • Article

    Proposed Regulations Under §385 Classifying Interests In A Corporation

    Orrick 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 StatesTax
    Orrick
    Orrick
  • Article

    House Committee On Financial Services Comments On OCC Fintech Charter

    All 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 StatesTechnology
    Orrick
    Orrick
  • Article

    In Internet Of Things Era Cybersecurity For Autonomous Vehicles Will Require Restraint

    The 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 StatesTechnology
    Orrick
    Orrick
  • Article

    Preparing For A Ransomware Attack

    Ransomware 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 StatesTechnology
    Orrick
    Orrick

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