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Selected Works

Banking and Finance Law

2002

Articles 1 - 11 of 11

Full-Text Articles in Law

"Hidden" Costs: A Case Study Of Bank And Borrowing And Interest Rate Swaps, Christian Johnson Oct 2002

"Hidden" Costs: A Case Study Of Bank And Borrowing And Interest Rate Swaps, Christian Johnson

Christian A. Johnson

Large money center and regional banks actively target and market interest rate swaps to middle market borrowers. Because these customers borrow at a variable rate, their bankers encourage them to hedge interest rate risk by concurrently entering into interest rate swaps.

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Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia Sep 2002

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

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The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson Aug 2002

The Otc Derivative Lawyer's Bookshelf: A Selected Biography, Christian Johnson

Christian A. Johnson

The first popular publications about over-the-counter derivatives appear to have been written about the currency rate swap between the World Bank and IBM in 1981.

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Preview Of The 2002 Isda Master Agreement, Christian Johnson Aug 2002

Preview Of The 2002 Isda Master Agreement, Christian Johnson

Christian A. Johnson

The International Swaps and Derivatives Association is working on a revised version of the 1992 Master Agreement. Parties should carefully consider the proposed changes because these agreements have become the market standard for documenting over-the-counter derivatives. The 2002 ISDA Master Agreement is the result of several years of work by various ISDA documentation committees and reflects some of the best thinking in the area. The following column is based upon the July 2002 draft circulated by ISDA. There will only be one or two more drafts to be circulated prior to its anticipated publication in December. Although there will probably …

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A Tale Of Three Markets: The Law And Economics Of Predatory Lending Apr 2002

A Tale Of Three Markets: The Law And Economics Of Predatory Lending

Patricia A. McCoy

Predatory lending - the practice of making exploitative high-cost loans to naive borrowers - has spurred policy-makers, activists, lenders and scholars to debate whether intervention is warranted and, if so, what type of intervention is appropriate. The solution requires understanding the incentives in the home mortgage market that have fueled predatory lending. Recent changes in the credit market have created new possibilities for lenders to profit by exploiting information asymmetries to the detriment of unsophisticated borrowers. As a result, a new, predatory lending market has emerged alongside the legitimate prime and subprime home mortgage markets. Neither market forces nor existing …

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The Cra Implications Of Predatory Lending Mar 2002

The Cra Implications Of Predatory Lending

Patricia A. McCoy

This article considers the Community Reinvestment Act's role in combating predatory lending. It provides an overview of the CRA, explains how CRA-covered lenders may enable predatory lending and explores the relationship between the CRA, federal subsidies and predatory lending. The article concludes that the CRA should be used to penalize lenders that engage in predatory lending and recommends that federal bank regulators use CRA to sanction behavior that could encourage further predatory lending.

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Seven Deadly Sins Of Isda Negotiations, Christian Johnson Mar 2002

Seven Deadly Sins Of Isda Negotiations, Christian Johnson

Christian A. Johnson

ISDA master agreement negotiations are often never-ending, expensive and tedious. Negotiations can take months as parties battle over legal, business and credit terms. Although much has been done to standardize the documentation process, there are still numerous issues that parties must negotiate prior to executing the ISDA master agreement. In addition, parties often insist on making additional amendments to the ISDA master agreement that they believe are necessary to minimize legal and credit risks. Although negotiations can still deadlock over important terms, much can still be done to speed up negotiations. In particular, there are seven deadly sins that can …

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Teoría General De La Prueba Judicial, Edward Ivan Cueva Jan 2002

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

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Financial Modernization After Gramm-Leach-Bliley Dec 2001

Financial Modernization After Gramm-Leach-Bliley

Patricia A. McCoy

No abstract provided.

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Mastering Collateral Management And Documentation: A Practical Guide For Negotiators, Christian Johnson, Paul Harding Dec 2001

Mastering Collateral Management And Documentation: A Practical Guide For Negotiators, Christian Johnson, Paul Harding

Christian A. Johnson

A one stop shop for a detailed introduction to collateral management and documentation, giving the reader a thorough grounding in the subject.

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Holding Credit Hostage For Underwriting Ransom: Rethinking Bank Antitying Rules, Christian Johnson Dec 2001

Holding Credit Hostage For Underwriting Ransom: Rethinking Bank Antitying Rules, Christian Johnson

Christian A. Johnson

This article considers the importance of Congress's and the courts' consideration regarding the role antitying provisions have in light of the battle that exists between commercial banks and investment banks in the underwriting arena. Part I of this article discusses the history of commercial banks' powers to both lend and underwrite securities, focusing particularly on the enactment of the Glass-Steagall restrictions and their repeal by the Gramm-Leach-Bliley Act of 1999. Part I also focuses on the recent rise of commercial banks (or their affiliates) as securities underwriters. Part II examines the growing convergence of commercial banks and investment banks both …

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