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15 Jul 2015, 10:20 am by Arina Shulga
Some steps a company should take include adding bad actor disqualification representations and covenants in their placement agency agreements or securities distribution agreements and asking all participants covered by Rule 506(d) to complete a bad actor questionnaire and/or certification (and bring-downs of the same if the offering is long-lived). [read post]
9 Jul 2015, 12:41 pm by Alan White
No doubt, in the aftermath of the decision banks will protest that they must now enact racial quotas or make risky mortgage loans to unqualified borrowers. [read post]
19 Jun 2015, 5:56 am by Joy Waltemath
They alleged that Sony deliberately failed to maintain an adequate security system, which breached the implied covenant of good faith, but the court disagreed that there were any facts indicating that Sony’s acts were intended to frustrate the agreed common purpose of the agreement—employment in exchange for compensation and benefits. [read post]
29 May 2015, 1:26 pm by Bernie Burk
  Lest this seem like small beer, it’s worth remembering that Dewey was a billion-dollar business with a $100 million bank line, and another $150 million in privately-placed debt securities. [read post]
11 May 2015, 9:05 pm by Walter Olson
James Surowiecki] “One-Third of Americans Living Abroad Have Thought Actively About Renouncing Citizenship Due to Tax-Filing Requirements” [Matt Welch, followup, earlier on FATCA] Rand Paul bill would repeal the law, and there’s also a constitutional challenge in the works [TaxProf] “What’s the point of the implied covenant of good faith? [read post]
20 Apr 2015, 4:00 am by Tracy Coenen
With a solid and realistic plan, the company is more likely to receive cooperation from its bank. [read post]
19 Apr 2015, 4:30 am by Barry Sookman
http://t.co/7Tx26sHoSQ -> Judge To Decide If ‘Happy Birthday To You’ Should Be Copyrighted http://t.co/VF51PBiBxE -> UK banks covering up cybercrime losses http://t.co/E4VjLU3g2m -> Can legislation stop cyber crime? [read post]
10 Apr 2015, 8:10 am by Jennifer Lee
  Judge Swain granted MSMC’s motion to dismiss Deutsche Bank’s claims that MSMC breached an implied covenant of good faith and fair dealing, holding that this was based on the same facts as, and therefore impermissibly duplicative of, the breach of contract claim. [read post]
11 Mar 2015, 9:40 am by Dennis Crouch
CLS Bank Intern., 134 S.Ct. 2347 (2014) (subject matter eligibility) Limelight Networks, Inc. v. [read post]
9 Mar 2015, 7:19 am by Daniel Robertson
Bank National Association, argued that the case was timely under a provision of the governing Mortgage Loan Sale Agreement providing that no claim accrues for breach of a repurchase obligation until the purchaser discovers a breaching loan (or is so notified), the seller fails to cure such breach, and the purchaser makes a demand for cure. [read post]
25 Feb 2015, 6:18 pm by Old Fox
Some of the most powerful members of Congress are speaking openly about repudiating mortgage covenants. [read post]
22 Feb 2015, 4:30 am by Barry Sookman
http://t.co/gBXcOPDgAO -> The Richemont ruling and beyond: dealing with counterfeit websites and the intermediaries that host them http://t.co/ApQfW1Xhhs -> Europe-wide injunctions and Community trade mark infringement: the theory and the reality http://t.co/QiCVoTqZXw -> Non-Solicitation Covenant That Is Silent As To Its Scope May Be Unenforceable http://t.co/H1FHKRqARX -> Computer and Internet Law Updates for 2015-02-19: Conviction for possessing porn using Limewire R. v. [read post]