Banking

May 16, 2013
Fla. Law Firm Lands Banking, Securities Pro In Tampa

Florida law firm Saxon Gilmore Carraway & Gibbons PA recently announced it has landed a banking and securities litigation partner formerly of Trenam Kemker to join its Tampa office.
May 15, 2013
SEC Taps Ropes & Gray Partner To Lead Corp. Finance Unit

The U.S. Securities and Exchange Commission announced two changes to its finance unit Wednesday, tapping Ropes & Gray LLP partner Keith F. Higgins as the new director of its Division of Corporation Finance and naming the division's Acting Director Lona Nallengara as SEC chief of staff.
May 15, 2013
Manatt Phelps Adds Banking Partner To Orange County Office

Manatt Phelps & Phillips LLP has added a banking regulatory and transactions partner with extensive financial services industry experience, giving a strong boost to its capabilities at its Orange County, Calif., office, the firm announced Tuesday.
May 9, 2013
Perkins Coie Adds Blank Rome Bankruptcy Pro In LA

Perkins Coie LLP said Wednesday it landed a bankruptcy expert from Blank Rome LLP to ramp up its financial transactions and restructuring group in Los Angeles.
May 8, 2013
Buchanan Ingersoll Adds K&L Finance Pro To NC Ranks

Former K&L Gates LLP partner Evan N. Wolkofsky has joined Buchanan Ingersoll & Rooney PC as a shareholder, the firm announced Wednesday, bolstering the growing finance team in its Charlotte, N.C., office.
May 8, 2013
5 Dentons Capital Markets Partners Decamp To Alston & Bird

Five former Dentons partners have joined Alston & Bird LLP's capital markets practice in New York and Washington, bringing their expertise in mortgages, real estate and structured finance, the firm said Wednesday.
May 8, 2013
McKool Smith Lands International Trial Wiz From Hogan

McKool Smith PC has landed a veteran trial attorney from Hogan Lovells who specializes in cross-border litigation and international arbitration, particularly in the energy and banking sectors, as a principal in its Houston and New York offices, the firm said Tuesday.
May 7, 2013
Porter Hedges Nabs M&A Pro From Seyfarth Shaw

Houston law firm Porter Hedges LLP has landed a former Seyfarth Shaw LLP partner who specializes in corporate counseling, mergers and acquisitions, private equity, health care, and finance, the firm said Monday.
May 2, 2013
SEC Examinations Director Jumps To FINRA

A top U.S. Securities and Exchange Commission official who led the agency’s national examination program in the aftermath of Bernard Madoff's Ponzi scheme will step down to lead a new division at the Financial Industry Regulatory Authority, the agencies announced Thursday.
May 1, 2013
Obama's FHFA Pick Hangs In Balance Of Fannie, Freddie Battle

In choosing Rep. Mel Watt, D-N.C., to lead the Federal Housing Finance Agency, President Barack Obama put the veteran lawmaker at the center of a battle over the future of Fannie Mae, Freddie Mac and the role of government in the housing market that could hurt Watt's chances at confirmation.
April 26, 2013
White House Names FTC's Shelanski To Lead Oversight Body

The White House on Thursday nominated Federal Trade Commission official and former Davis Polk & Wardwell LLP attorney Howard Shelanski to head the government oversight body that reviews all agency draft regulations before they are published.
April 23, 2013
Ex-WilmerHale Atty Will Be SEC's 1st Female GC

The U.S. Securities and Exchange Commission on Tuesday named former WilmerHale partner Anne K. Small as general counsel of the agency, making her the first woman to ever hold the post in a permanent role.
April 18, 2013
Porter Hedges Scoops Trial Pro From Hunton & Williams

Porter Hedges LLP hired away a litigation partner with extensive experience representing lenders in recovery efforts and a growing energy practice from Hunton & Williams LLP to join its Houston office, the firm announced Thursday.
April 17, 2013
Akerman Lures Dallas Banking Atty From Beirne Maynard

Akerman Senterfitt LLP has boosted its Dallas office with the addition of a former Beirne Maynard & Parsons LLP banking and securities litigation pro, the firm said on Tuesday.
April 12, 2013
Venable Nabs Top SIGTARP Investigative Counsel

Venable LLP on Thursday said it has hired Michael J. Rivera, the former chief investigative counsel for the Special Inspector General for the Troubled Asset Relief Program, to join the firm’s U.S. Securities and Exchange Commission and white collar defense group as a partner in Venable’s D.C. office.
April 11, 2013
Godwin Lewis Picks Up Glast Phillips Bankruptcy Pro

Texas-based Godwin Lewis PC has boosted its bankruptcy practice with the addition of a Glast Phillips & Murray PC attorney whose clients have included banking heavyweights like Bank of America NA and Wells Fargo Acceptance Corp., the firm announced Thursday.
April 10, 2013
BofA Names Ex-Goldman Partner As Europe, Africa M&A Chief

Bank of America Merrill Lynch has appointed longtime Goldman Sachs Group Inc. partner Luigi Rizzo its new head of mergers and acquisitions for Europe, the Middle East and Africa, BofA announced Wednesday.
April 9, 2013
Ex-Covington Atty Tapped As CFTC General Counsel

The U.S. Commodity Futures Trading Commission has appointed former Covington & Burling LLP appellate practice attorney Jonathan Marcus as its new general counsel, the commission said Tuesday.
April 3, 2013
SEC's San Fran Chief Jumps To Gibson Dunn

Marc Fagel, head of the U.S. Securities and Exchange Commission's San Francisco regional office, will step down to join Gibson Dunn & Crutcher LLP later this month, significantly bolstering the firm's securities and white collar practices, it announced Wednesday.
April 3, 2013
Nelson Mullins Nabs Ex-MoFo Dodd-Frank Compliance Ace

Nelson Mullins Riley & Scarborough LLP has lured a regulatory and dealmaking expert from Morrison & Foerster LLP for its Washington banking team, the firm announced Tuesday, giving community lenders an ally for Dodd-Frank Act compliance and renewed transactional activity.

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Expert Analysis

Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
Unprecedented FCPA Wake-Up Call For US Broker-Dealers

The extraordinary criminal bribery charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official highlight that a broker-dealer’s anti-money laundering procedures, as well as oversight of their registered people, should have a Foreign Corrupt Practices Act component if the firm is doing international business, say attorneys with Duane Morris LLP.
Libor Litigation Must Overcome Significant Obstacles

When U.S. District Judge Naomi Reice Buchwald dismissed a consolidated, multidistrict batch of antitrust and racketeering suits in Manhattan earlier this spring, she suggested plaintiffs seeking to recover from banking giants at the heart of the interest rate-fixing scandal might have better luck with securities fraud claims. But those plaintiffs will need to be lucky indeed. Two recent developments show that obstacles are inherent and, perhaps, insurmountable, say attorneys with Choate Hall & Stewart LLP.
SEC Eyes Advisory Contract Approval Disclosures

A recent settlement with the U.S. Securities and Exchange Commission by mutual fund directors and service providers answers a number of questions for many in the mutual fund industry and provides insight into SEC enforcement priorities, say attorneys with Morgan Lewis & Bockius LLP.
How The Fed's Stress Test Rules Mitigate Systemic Risk

The savings and loan holding company regulatory regime established by the Dodd-Frank Act appears to be having the ultimate effect of reducing the number of SLHCs, especially those that are predominantly insurance enterprises, say attorneys with Debevoise & Plimpton LLP.
The Who, What And Why Of Public-Private Partnerships

Public-private partnerships have been used in a wide range of sectors to provide public services, from power plants and railroads to hospitals and sanitation plants. Yet there are a variety of potential contractual arrangements and the financing of a PPP can be complex, say Maryam Khosharay and Herbert Glaser of Haynes and Boone LLP.
A Tale Of 2 Burdens Of Proof In Ch. 11

As a matter of strategy, it can be vital to understand the differing burdens of proof under various provisions of the Bankruptcy Code and when those burdens shift. For example, the Southern District of New York recently clarified the distinction between section 362(d) and 363(e) burdens of proof in In re AMR Corp., say attorneys with Duane Morris LLP.
Insights From An Under-The-Radar CDO Case

A case that seems to have gone relatively unnoticed is ASR Levensverzekering NV v. Swiss Re Financial Products Corporation. Dismissed by the New York Supreme Court, the case provides useful insights into the application of New York fraud and contract law in the context of complex financial transactions, say James Bliss and Kevin Broughel of Paul Hastings LLP.
E-Discovery In The Cloud: Who Can Get Your Data?

Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
Commercial Leasing Recovery Remains Uneven

In addressing trends in the current commercial leasing market, several patterns are apparent. For one, many property owners that have been able to survive foreclosure now face the specter of refinancing their property in the mixing bowl of loss of market value, lenders requiring a lower loan-to-value ratio, and reduced cash flow from the property, says Barry Katz of Arnstein & Lehr LLP.

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