Banking

General

Recorded on: Oct. 11, 2012

Taken from the briefing Stranger in a Strange Land: CFPB and DOJ Bring Non-Mortgage Products into the Fair and Responsible Lending Fold recorded October, 2012. Regulators have long patrolled residential mortgage lending data for compliance with fair lending laws - principally the Fair Housing Act and the Equal Credit Opportunity Act - and “responsible” banking practices, generally meaning practices that are not unfair, deceptive, ...

From the program: Pocket MBA Fall 2012

Recorded on: Oct. 16, 2012

Taken from the Web Program Pocket MBA Fall 2012 recorded October, 2012 in New York. Lecture Topics  [01:00:40] Closing Business Transactions  [01:00:40] A detailed look at negotiation How to divide-and-conquer when working with an investment bank Common stumbling blocks to closing transactions Examination of “fringe” deal issues that often create transaction friction Non-disclosure agreements ...

From the program: Fundamentals of Swaps & Other Derivatives 2012

Released on: Oct. 29, 2012

Over-the-counter (OTC) derivatives are key elements in many of our financial markets. The Dodd-Frank Act is substantially changing how these important instruments are regulated and transacted. This program will introduce you to both the instruments and their new environment. A derivative is a financial instrument that allocates the risks and price exposures associated with a designated reference asset or entity between the parties thereto. Derivatives ...

From the program: Advanced Swaps & Other Derivatives 2012

Released on: Oct. 31, 2012

The Dodd-Frank Act establishes a novel, comprehensive framework for the regulation of over-the-counter (OTC) derivatives and the market participants who transact in these products. The far-reaching effect of the Dodd-Frank Act upon the OTC markets is only now becoming clear. The new regulatory regime touches the activities of all participants in the swaps markets, from end users to major swap participants to swap dealers. The new regulations will ...

Released on: Nov. 1, 2012

Taken from the briefing FATCA: The Deadline Looms... Will You Be Ready? recorded October, 2012. In the wake of the massive criminal tax prosecutions of UBS and other foreign firms by the Department of Justice in the late 2000s, Congress enacted FATCA to combat tax evasion by U.S. persons and to deter the facilitation of tax evasion by foreign financial institutions (“FFIs”).  To achieve these goals, FATCA requires that foreign ...

Recorded on: Nov. 19, 2012

Taken from the briefing LIBOR Scandal: Update on Current Litigation and Other Consequences for the Financial Industry (Audio-only) recorded November, 2012. Headlines continue to break as  bid-rigging scandal unfolds, with civil suits and criminal charges quickly following.  A wide range of plaintiffs are attempting to bring class action lawsuits against financial industry participants on this issue.  Significant ...

Recorded on: Nov. 27, 2012

Taken from the briefing London Investment Company Act Equity Procedures 2012 recorded November, 2012. The Forum for U.S.  in London () has recently launched the London Equity Procedures 2012 (the “Procedures”), which include a menu of procedures and considerations to be used by issuers in the London market taking advantage of the Section 3(c)(7) exemption under  Act of 1940 for equity securities.  ...

From the program: New Developments in Securitization 2012

Released on: Dec. 14, 2012

As the securitization world begins to emerge from the financial crisis, it faces an onslaught of new regulation and uncertainty.  Many transactions have been downgraded and have suffered unforeseeable losses.  Additionally, investor confidence in structured products has been badly shaken.  Moreover, many transactions have been subject to restructurings and litigation of various types.  Will these reforms be sufficient to restore ...

From the program: Banking Law Institute 2012

Released on: Dec. 19, 2012

The banking industry is in the midst of a fundamental transformation of the regulatory framework in which it operates, as well as a shifting of regulatory and enforcement priorities and approaches. These changes, taking place in an environment of continuing global economic challenges, require bankers and counsel who practice in the financial services industry to reexamine basic assumptions about business operations and future trends. With changing ...

From the program: Real Estate M&A and REIT Transactions 2013

Released on: Jan. 24, 2013

Do you know the best negotiating strategies in the current real estate M&A market? What are the “hot buttons” for seller, buyer and lender requirements, in the board room, the courts and with the SEC?  What are the factors and legal issues you should analyze with respect to investing in distressed situations? How do the nature and ownership of the entity, and the characteristics of its property and the structuring of the acquisition ...

Recorded on: Feb. 8, 2013

Taken from the briefing International Banking, Part I: The Federal Reserve's Proposed Prudential Regulations for Foreign Banks recorded February, 2013. On December 14, 2012, the Federal Reserve proposed significant new regulations affecting the operations of foreign banks in the United States. The proposals are designed to implement the enhanced prudential regulation and early remediation requirements of Dodd-Frank Act sections 165 and ...

Recorded on: Feb. 13, 2013

Taken from the briefing Final FATCA Regulations: What Hedge Funds and Private Equity Funds Need to Knowrecorded February, 2013. The FATCA regime represents the IRS’s far-reaching effort to require “foreign financial institutions,” including offshore investment vehicles, to assist it in enforcing the US tax obligations of US persons. The lengthy final FATCA regulations were published on January 17, 2013. The FATCA regime will ...

From the program: Commercial Real Estate Financing 2013

Released on: Mar. 1, 2013

This seminar will explore major issues and problems, and recent changes, in how lenders and borrowers negotiate commercial real estate loans in the still-lingering shadow of the recent financial crisis. Speakers will show how today’s lower valuations and the renewed conservatism of lenders will shape the terms, legal negotiations, and closing process of commercial real estate financing in 2013. This year’s program will turn back toward ...

Recorded on: Mar. 8, 2013

Taken from the briefing International Banking, Part II: Foreign Banks Accessing the U.S. Markets recorded March, 2013. Foreign banks are increasingly seeking to diversify their financing opportunities.  With careful planning, banks can access U.S. investors without subjecting themselves to the securities registration requirements applicable to public offerings and to ongoing disclosure and governance requirements applicable to U.S. ...

Recorded on: Mar. 12, 2013

Taken from the briefing Navigating the Requirements for Derivatives Trading: Title VII of Dodd-Frank recorded March, 2013.Now that the rulemaking relating to Title VII of the Dodd-Frank Act has been nearly finalized, market participants are preparing themselves to function in a very different derivatives market.  Title VII imposes a comprehensive regulatory framework for derivatives, and requires both end-users and dealers to adopt ...

From the program: Asset Based Financing Strategies 2013

Released on: Mar. 25, 2013

Asset-based financing is a key source of credit for small and medium-size companies and for some larger, publicly traded companies as well. In contrast to equity financing where ownership in the company is diluted, asset-based financing allows companies to use their own assets to generate cash flow. In structuring these loans, lenders and their counsel must consider all senior interests in the collateral, as well as the practical difficulties in ...

Recorded on: Apr. 2, 2013

Taken from the briefing International Banking, Part IV: Foreign Banks Issuing Covered Bonds into the U.S.recorded March, 2013.Despite the sovereign crisis and heightened volatility, the covered bond market remains very attractive.  Foreign banks continue to access the U.S. markets with covered bond offerings.  We will discuss the market environment, the legal and regulatory considerations, and the process for an exempt offering by a ...

Released on: Apr. 4, 2013

Taken from the briefing International Banking, Part III: SEC Registration for Foreign Banks recorded March, 2013. Foreign banks seeking to diversify their financing opportunities may consider SEC registration. This briefing will focus on the registration process; disclosure considerations for financial institutions; and compliance, governance and ongoing reporting. Lecture Topics  [Total Time: 01:05:06] The registration process and ...

Released on: Apr. 11, 2013

Taken from the briefing New OCC Foreclosure Settlements: Moving on From the Independent Foreclosure Review Process recorded March, 2013. Millions of homeowners have lost their homes and been subjected to unlawful conduct by mortgage servicing companies in the context of both judicial and non-judicial foreclosure proceedings around the country. The Office of the Comptroller of the Currency and the Federal Reserve recently announced that they reached ...

From the program: Consumer Financial Services Institute (18th Annual)

Released on: Apr. 23, 2013

On January 4, 2012, President Obama appointed Richard Cordray as the first Director of the Consumer Financial Protection Bureau (CFPB). Since that time, the CFPB has been involved in a whirlwind of regulatory, supervisory and enforcement activities. In addition to the CFPB, state and other federal regulators are pursuing initiatives focused on consumer financial services. This year’s Institute will explore in detail the Bureau’s activities as well ...

Recorded on: May. 1, 2013

Taken from the briefing SEC's Extension of Exemptions for Security-Based Swaps 2013 recorded April, 2013.Among its many important changes to the legal landscape, The Dodd-Frank Act defined the term “security” to include security-based swaps. The SEC has taken a deliberative approach in relation to the effects of this change, and recently extended until February, 2014 the expiration date of certain temporary exemptions and interim final rules ...

Recorded on: Jun. 4, 2013

Taken from the briefing Basel III and Derivatives Exposures: Understanding the Regulatory Capital Effectsrecorded May, 2013.The implementation of Basel III in the U.S. and in other jurisdictions may or may not be just around the corner, but it is none too soon for banking organizations to embark on the process of understanding how the evolving regulatory capital regime will affect their balance sheets and operations. One key area of impact will ...

From the program: Negotiating Real Estate Deals 2013

Released on: Jun. 18, 2013

Many things have changed in the world of real estate: the structuring of transactions, availability of financing availability of equity capital, bankruptcy remote structures, the role of the bankruptcy process, joint venture considerations, work out pitfalls, carve-out guaranties and unanticipated judicial interpretations, global market gyrations, interest rate setting irregularities, evolving neighborhoods, mega public/private projects, special servicer ...

Recorded on: Jun. 26, 2013

Taken from the briefing Return of Structured Finance and Residential MBS recorded June, 2013.As the U.S. capital markets continue to gain relative strength and longstanding regulatory uncertainties are resolved, ABS, MBS and covered bond issuers are increasingly inquiring about the prospects for entering these markets once again. The years since the financial crisis have brought sweeping changes in the rules affecting structured finance ...

Released on: Jul. 8, 2013

Taken from the briefing Considerations for End-Users of Derivatives recorded June, 2013.Derivatives market participants are becoming subject to a series of regulatory requirements related to clearing, trade reporting, and record-keeping. Even occasional corporate end-users of derivatives will have to prepare to comply with certain of these new obligations.In this Briefing, James Schwartz and Anna T. Pinedo of Morrison & Foerster LLP, and Matthew ...