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Banking and Finance Law

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Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule Jun 2016

Plaintiffs Carry Heavy Burden In Terror Suits Against Banks, Jimmy Gurule

Jimmy Gurule

Plaintiffs have a heavy burden to prove that the provision of routine financial services to suspected terrorists violated the ATA. While plaintiffs clearly met their burden in the Arab Bank case, that case did not involve the provision of routine banking services. Further, in the Palestinian Authority case several of the individuals who committed the terrorist attacks worked for the authority and were monetarily rewarded for their acts of terrorism.

Plaintiffs' lawyers in pending bank cases filed under the ATA therefore should be hesitant to read too much into the Arab Bank and Palestinian Authority verdicts.

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Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet Dec 2014

Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used …

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Dealing With Unforeseen Circumstances: Contractual Construction And Equitable Adjustment, Man Yip, Yihan Goh Mar 2014

Dealing With Unforeseen Circumstances: Contractual Construction And Equitable Adjustment, Man Yip, Yihan Goh

Man YIP

Case note on the UK Supreme Court decision of Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc [2013] UKSC 3.

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Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown Jan 2012

Deposit Accounts Under The New World Order, Ingrid Michelsen Hillinger, David Line Batty, Richard K. Brown

Ingrid Michelsen Hillinger

The new world is upon us. Repent. Revised Article 9 is the law in every state. Commercial deposit accounts are now available as original collateral. Bringing commercial deposit accounts into the Article 9 fold significantly complicates the planning of an Article 9 secured transaction. Attorneys for banks, non-bank creditors and debtors need to understand the new world order and the risks it poses to their clients. They need to develop strategies to minimize those risks so as to protect their clients' positions. Part II of this article describes the new legal framework and some of the risks it creates. Part …

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