Bank of America Corp. agreed Wednesday to pay $20 million to settle part of a multidistrict litigation accusing it and other financial institutions of bid-rigging in the municipal bond derivatives market.
The U.S. House of Representatives passed a measure Wednesday that would undo a Wall Street reform established through the Dodd-Frank Act by exempting nearly all private equity fund advisers from registration requirements with the U.S. Securities and Exchange Commission.
Three trade industry groups on Wednesday filed suit in D.C. federal court against the U.S. Commodity Futures Trading Commission, accusing the agency of overstepping its bounds with the release of the so-called Cross-Border Rule governing the exchange of derivatives and swaps overseas.
Wells Fargo & Co. urged a Minnesota federal judge Monday to order the Internal Revenue Service to issue a $164 million tax refund over a $1.25 billion Barclays Bank PLC deal, saying the transaction that generated the refund served a legitimate business purpose.
The New Jersey federal judge overseeing multidistrict overtime litigation against Morgan Stanley Smith Barney LLC tossed all but one of the claims that the company took illegal deductions from financial advisers' wages, ruling Wednesday that the claims weren't adequately alleged.
Lenders who say they lost $767 million in a complex OppenheimerFunds Inc.-backed securities deal should have their allegations revived because they already have provable damages, the lenders' attorney told a New York appeals court panel during a hearing Wednesday.
The Third Circuit refused Wednesday to hear a petition by First Data Corp. customers who claim they were overcharged for installing ATMs in their stores, saying in a precedential ruling that a mistake by class counsel that led to the document's late filing does not constitute excusable neglect.
A New York federal judge on Tuesday rejected Korean technology firm Simmtech Co. Ltd.’s motion to remand to state court its $73 million fraud suit accusing Citibank NA of duping Simmtech into investing in derivatives contracts to hedge against currency fluctuations by hiding risks.
Goldman Sachs Group Inc. was sued for fraud on Wednesday by a Singaporean investor who claims he lost over $34 million after the investment bank conned him into executing two exotic currency option trades by lying about the terms, while it reaped millions of dollars in commissions and fees.
The former owners of speech technology firm Dragon Systems Inc. asked the First Circuit on Wednesday to revive their allegations that Goldman Sachs & Co. failed to assess the stability of a company buying out Dragon, arguing that Goldman’s conduct was egregious enough to warrant liability.
The top U.S. accounting watchdog on Wednesday reissued a proposal that would require auditing firms to identify the lead partner and any other firms that contributed to an audit report in a bid to boost transparency for investors.
A Minnesota district court brushed aside Swift County's argument that Congress cannot give preferential tax treatment to Fannie Mae and Freddie Mac without violating the Commerce Clause, the county said, claiming the trial court ignored U.S. Supreme Court precedent and obliterated the distinction between federal and state power.
A mortgage servicing company on Wednesday told the Texas Supreme Court that it could “wreak havoc” on the banking and residential lending industry if the justices deem unconstitutional home equity refinancing agreements that capitalize past-due interest in a putative class action.
Fifth Third Bancorp on Wednesday agreed to pay the U.S. Securities and Exchange Commission $6.5 million to settle allegations that it hid losses on commercial real estate loans it intended to sell during the financial crisis.
PHH Mortgage Corp. will pay $6.25 million to more than 2,000 borrowers and the state of New Jersey to settle allegations that the residential mortgage servicer misled homeowners seeking assistance to keep up with their mortgage payments or avoid foreclosure, Attorney General John J. Hoffman announced Wednesday.
Software company RealTime Data LLC urged a Federal Circuit panel on Wednesday to revive its case alleging a slew of investment banks, securities exchanges and financial publications infringed on its data-compression technology patents, claiming the lower court misconstrued key patent terms.
A Minnesota federal judge on Monday granted the Corporate Commission of the Mille Lacs Band of Ojibwe Indians’ motion for entry of final judgment against Money Centers America Inc. in a suit over outstanding advances for casino patrons, ordering MCA and affiliates to pay more than $5.6 million.
General Motors Co. will shed the last of its stake in former lending unit Ally Financial Inc. in a placement worth $900 million, while Men's Wearhouse — itself on a buyout hunt — is closing in on a deal that would send its discount clothing unit to Sycamore Partners.
The European Commission on Wednesday fined eight global banks, including The Royal Bank of Scotland PLC, Citigroup Inc., JPMorgan Chase & Co. and Deutsche Bank AG, a total of €1.71 billion ($2.3 billion) for their roles in allegedly rigging two benchmark interest rates.
Residential Capital LLC announced Tuesday it had reached a deal with a group of bondholders opposed to its liquidation plan, resolving a long-running feud over interest payments with a settlement that would see junior secured noteholders recover an additional $125 million.
A Georgia federal court recently ruled in Metro Brokers Inc. v. Transportation Insurance Co. that an all-risk insurance policy did not provide coverage for online fraudulent withdrawals from the company’s bank account. This decision offers guidance as to how a court may treat a policyholder’s claim under a traditional all-risk policy and the effect of broad computer fraud exclusions, says James Kitces at Robins Kaplan Miller & Ciresi LLP.
While capital call facilities for true open-end funds have been relatively rare, the opportunity is ripe for new market entrants. A traditional facility would not be feasible for an open-end fund, but a few structural tweaks should do the trick, say attorneys with Mayer Brown LLP.
Two important events this year make clear that California's anti-deficiency statutes not only protect borrowers in nearly all circumstances when dealing with a residential loan but also trump any separate agreement the lender may have with a borrower for the payment of any deficiency following either a foreclosure or a short sale, say Sylvia Arostegui and Eunice Majam-Simpson of Nossaman LLP.
Following the financial crisis of 2008, regulations were put in place to enact transparency and protect individual investors in complex financial markets. Although this has left many to believe that financial instruments have become more transparent and that there will likely be less securities litigation going forward, the reality is likely to be more complex than that, says Ilan Guedj of ARPC.
Even if the European economic recovery remains constrained, the global real asset rotation and navigation of the commercial real estate debt gap should continue to propel real estate investment up the risk curve in 2014. The growing participation of larger institutional players also signals larger deals in core markets, says Eric Rosedale, co-chairman of Dentons real estate group in Europe.
The New York State Department of Financial Services is “requiring” about 200 banks “to answer questions in real time on Dec. 12 to assess their cybersecurity policies and processes.” But the DFS will not necessarily learn anything new from the Web-based, real-time surveys, nor is that the stated intent, say Ronald Sarachan and Zoe Wilhelm of Drinker Biddle & Reath LLP.
A new law in Mongolia dramatically alters the investment landscape in the country, eliminating the broad restrictions on private foreign investment in the minerals, communication and financial sectors that previously existed, removing the parliament from the approval process, and ending the distinction between foreign and domestic investors, says Stewart Diana of DLA Piper LLP.
Three recent cases applied the economic substance doctrine, with quite different results, to the "structured trust advantaged repackaged securities" transaction, one of several foreign tax credit generators the IRS is aggressively challenging. These decisions likely foreshadow a fight in the circuit courts over STARS and the economic substance doctrine, say Robert Probasco and Lee Meyercord of Thompson & Knight LLP.
Recently, the Federal Deposit Insurance Corporation advised regulated financial institutions to be wary of “an increase in exclusionary terms or provisions” in insurance policies covering directors and officers liability. While this advice was directed to financial institutions regulated by the FDIC, much of it is good advice to follow for all corporations and their boards of directors, say Brian Scarbrough and Daniel Johnson of Jenner & Block.
At the St. Petersburg summit in September, the G20 leaders drove forward the initiative for a global model of automatic exchange of tax information. While this could be an efficient tool to fight tax evasion, the proposed reporting obligations could impose significant costs on multinational enterprises, in particular financial institutions, says Johannes Frey of Skadden Arps Slate Meagher & Flom LLP.