New Brunswick's New Cost of Credit Disclosure Act
The Canadian Province of New Brunswick recently brought into force a new Cost of Credit Disclosure Act and New Brunswick Regulation 2010-104 under the Cost of Credit Disclosure Act. The provisions of the Act and the Regulation change significantly the disclosure requirements applicable in New Brunswick.
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Civil Liability of Rating Agencies
The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.
Developments in Distressed Lending
Recently, in <i>In re TOUSA Inc.</i> and <i>In re Capmark Fin. Group Inc.</i>, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.
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<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
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<b><i>BREAKING NEWS:</i></b> Ninth Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
A federal appeals court on Oct. 20 granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members.
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Case Briefs
Highlights from the latest insurance cases from around the country.
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ERISA Deference: No Exceptions
With its 2010 decision of <i>Conkright v. Frommert</i>, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators — this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.
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NJ Court Clarifies Policyholders' Right to Recover Out-of-State Coverage Counsel Fees
According to the New Jersey Supreme Court in <i>Myron Corp. v. Atlantic Mutual Insurance Co.</i>, a policyholder's right to recover counsel fees extends even to those fees incurred defending against an insurer-initiated, out-of-state declaratory judgment action.
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Japan's Proposed Deregulation
It has recently been reported that the Japan Ministry of Justice has decided to revise its Practicing Attorney Law to allow a foreign law firm to conduct its law practice in Japan through a Legal Professional Corporation. These revisions may be submitted to the Extraordinary Diet session this autumn for introduction in 2012.
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