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17 Mar 2016, 4:51 pm
The Financial Institution Reform, Recovery, and Enforcement Act (“FIRREA”) sets a minimum limitations period for claims that have not yet expired at the time of the bank’s closing of 3 years for tort claims and 6 years for contract claims.[14] As receiver, the FDIC enjoys a number of other powers typically not afforded to plaintiffs, such as broad power to issue subpoenas.[15] In addition, defenses that might prevail against other plaintiffs are… [read post]
14 Mar 2016, 2:56 am
Hantz[6] employee, Michael Laursen, received checks from customers and deposited such checks into his own personal account, which was as a separate commercial account that appeared to be set up by Laursen in the name of “Henry Firearms Service. [read post]
21 Feb 2016, 6:59 pm
The FDIC, in its capacity as received of these 515 failed banks, has initiated a total of 108 lawsuits against the former directors and officers of the failed banks (or roughly 21% of all of the failed institutions). [read post]
19 Feb 2016, 12:05 pm
A Title II proceeding under the Dodd-Frank Act is conducted entirely outside of the bankruptcy courts, through an administrative process, with the FDIC acting as receiver. [read post]
19 Feb 2016, 10:21 am
In FDIC as Receiver for AmTrust Bank v. [read post]
19 Feb 2016, 10:21 am
In FDIC as Receiver for AmTrust Bank v. [read post]
19 Feb 2016, 10:21 am
In FDIC as Receiver for AmTrust Bank v. [read post]
19 Feb 2016, 10:21 am
In FDIC as Receiver for AmTrust Bank v. [read post]
18 Feb 2016, 10:24 am
In addition, an effective patch management program should draw upon potential vulnerabilities and threats received in the organization’s threat intelligence cybersecurity efforts. [read post]
8 Feb 2016, 4:42 pm
But the FDIC did not sue the former executives of every failed bank. [read post]
5 Feb 2016, 11:49 am
Morgan Stanley will pay $63 million to the FDIC, as receiver for Colonial Bank of Montgomery, Alabama, Security Savings Bank of Henderson, New York, and United Western Bank of Denver, Colorado. [read post]
12 Jan 2016, 7:04 am
Of those households that recently identified in the FDIC survey as unbanked or underbanked, more than a third had experienced a significant income loss or job loss. [read post]
12 Nov 2015, 5:39 am
The Notice addresses the four comments received during the 60-day comment period, and invites additional comments on the collection of information. [read post]
1 Nov 2015, 5:44 pm
This question receives an interesting and readable analysis in an article in the November 19, 2015 issue of The New York Review of Books entitled “The Cure for Corporate Wrongdoing: Class Actions vs. [read post]
21 Sep 2015, 9:30 pm
Additionally, all states require that banks obtain insurance from the Federal Deposit Insurance Corporation (FDIC). [read post]
14 Sep 2015, 12:44 pm
The Department of Justice and the FDIC hit Navient with a $100 million fine last year for failing to cap interest rates on federal and private loans for members of the armed services. [read post]
8 Sep 2015, 6:48 am
SIFMA observed that the statute extends only the “statute of limitations” for state law claims brought by the FDIC as a conservator or receiver. [read post]
7 Sep 2015, 2:47 pm
Insured Exclusion Precludes D&O Policy’s Coverage for FDIC Failed Bank Lawsuit: In an important decision concerning D&O insurance coverage in connection with FDIC failed bank claims, the Tenth Circuit, applying Kansas law, held that a D&O policy’s insured vs. insured exclusion unambiguously precluded coverage for claims brought by the FDIC as receiver of a failed bank against the bank’s former directors and officers. [read post]
21 Aug 2015, 2:05 pm
The FDIC asserts claims for breach of contract, the federal Trust Indenture Act, and the New York Streit Act. [read post]
19 Aug 2015, 5:36 pm
failed in June 2009, the FDIC as the failed bank’s receiver initiated a lawsuit against certain former directors and offices of the bank, asserting claims for negligence, gross negligence, and breaches of fiduciary duty in connection with the defendants’ approval of 86 loans between January 2007 and April 2008. [read post]