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Banking and Finance
Brian A. Herman, Mary M. Dunbar, Steven M. Malina, by
Conducting Internal Investigations.
Presentation Overview
1. Why conduct an internal investigation?
2. How best to conduct an effective internal investigation (i.e., what are the key ingredients)?
3. What are the key issues confronting anyone charged with conducting an internal investigation?
Non-Specific.
37 pages. Written:
2007. Added:
5-09-2008.
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Banking and Finance
Direct Creditor Claim for Breach of Fiduciary Duty Nixed, by
John J. Rapisardi
.
Together, the Delaware Supreme Court’s decision in Gheewalla and the Chancery Court’s decision in Trenwick each appear to reinforce the principle that the business judgment rule continues to shield good
faith business decisions of directors regardless of the financial state of the corporation.
Non-Specific.
2 pages. Written:
2007. Added:
4-04-2008.
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Banking and Finance
The Lien at the End of the Distressed Tunnel, by
Leonard Klingbaum, Jeffery T. Rose, Wendy S. Walker, Kris Wigness, Dennis Stogsdill, David Kirsch.
Discusses second lien financing arising under subordination and/or intercreditor agreements, and implications under Bankruptcy Code Section 510(a).
Federal.
15 pages. Written:
2007. Added:
4-01-2008.
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Banking and Finance
The Patriot Act and Other Anti-Money Laundering Measures and their Impact on U.S. Business, by
Larry V. Smith.
This paper will explore the implications of each of the measures used to combat money laundering and terrorism, and will indicate what steps must or may be required to be taken by financial institutions, U.S. Persons and other entities to become compliant with the such measures.
Non-Specific.
50 pages. Written:
2008. Added:
3-08-2008.
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Alternative Dispute Resolution
The Use of Pre-Discpute Arbitration Agreements by Consumer Financial Service Providers, by
Alan S. Kaplinsky.
Survey of pros and cons of using arbitration in banking and finance industries for consumer fianacial services.
Non-Specific.
16 pages. Written:
2004. Added:
10-16-2007.
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Banking and Finance
Lending Issues, by
Bruce A. Stockard.
Real estate lenders once again become active and many of the issues are the same.
However, the underwriting has become more conservative. As a developer, it is
beneficial to understand what the lender is looking for. This poses some difficulties with developing relationships with smaller developers than with major owners and developers.
Non-Specific.
15 pages. Written:
2006. Added:
5-05-2007.
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Banking and Finance
Update on Checking and Bank Account Fraud and Related Litigation, by
Robert T. Luttrell.
This article describes selected recent case law illustrating the impact of the Uniform Commercial Code (UCC) on common bank account-related problems and payment transactions. Bank litigation is always over who takes a loss in the transaction.
Non-Specific U.S. State.
3 pages. Written:
2006. Added:
3-22-2007.
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Banking and Finance
How Technology Is Transforming the Business of Commercial Lending, by
Dan Welbaum.
This article reviews the state of today’s business-lending market, discusses the impact of new technology trends on the lending process and describes a financial institution that is gaining efficiency and profitability benefits from its investment in new technology.
Non-Specific.
6 pages. Written:
2005. Added:
3-20-2007.
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Banking and Finance
Beyond the loan documents – The due diligence process in commercial mortgage loan closings, by
Elizabeth C. Lee and Elizabeth M.R. Salgado, Womble Carlyle Sandridge & Rice, PLLC.
The due diligence phase of a commercial mortgage transaction is the investigative phase. The potential borrower provides various financial data to the lender and makes certain representations and warranties in connection with the borrower’s loan application which the lender typically relies on in the initial underwriting of the loan.
Non-Specific.
14 pages. Written:
2005. Added:
3-20-2007.
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Banking and Finance
How to be a plaintiff, by
Stephen L. Ascher.
The author discusses the tactics and trade-offs that banks and other financial
institutions should consider when they initiate litigation, instead of defending it. "Plaintiffs’ lawyers” are sometimes derided as an inferior species by defense lawyers and their clientele.
Non-Specific.
9 pages. Written:
2007. Added:
3-20-2007.
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Banking and Finance
New Letter of Credit Rules Call for Careful Review, by
David F. Scranton.
On Oct. 25, 2006, the International Chamber of Commerce (“ICC”) announced adoption of new rules for commercial letters of credit: the Uniform customs & practices for documentary credits (2007 Revision) International Chamber of Commerce Publication No. 600 (“UCP 600”). Issuers need to review the new rule changes consider alternative rules available.
Non-Specific.
6 pages. Written:
2006. Added:
3-19-2007.
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Banking and Finance
Selective Privilege Waiver For the Banking Industry, by
Audrey Strauss.
This article examines the new statute, practice points to consider, and some possible implications of the new law outside the banking context. The new law has attracted relatively little notice from lawyers outside those specializing in banking regulation.
Non-Specific.
2 pages. Written:
2007. Added:
3-18-2007.
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