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  • Blog: Antitrust UpdateTenth Circuit Clarifies Rule of Reason Analysis for Tying ClaimsPosted on March 27, 2017 by
    Tying is a chameleon in antitrust law.  Courts can condemn tying arrangements as either per se violations or as unlawful under the rule of reason.  For a per se tying violation, plaintiff must show that the defendant had economic power in the market for the tying item sufficient to enable it to restrain trade in [...]
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  • Blog: Broker-Dealer Law CornerSEC Gives Advisors A Break On Custody RulePosted on March 23, 2017 by Alan Wolper
    A common complaint that I hear from broker-dealers and investment advisors is that it is nearly impossible anymore to obtain informal guidance from their regulators. Where it was once possible, even normal, to make a call and get casual advice how to comply with a particularly tricky rule, nowadays, regulators routinely decline to respond to… Continue Reading
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  • Blog: Western Canada Business LitigationCourt of Appeal upholds mortgage exit fee in face of Interest Act challengePosted on March 17, 2017 by <a href=''>Peter Roberts</a>
    Section 8 of the Interest Act, R.S.C. 1985, c. I-15, prohibits any “fine, penalty or rate of interest . . . that has the effect of increasing the charge on the arrears beyond the rate of interest payable on principal money not in arrears.” Relying on this provision, borrowers often challenge fees and charges that... Continue Reading
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  • Blog: Panama - International Business & Financial CenterU.S. Emerging as ‘Leading’ Tax, Secrecy Haven, EU Report SaysPosted on March 14, 2017 by adegracia
    From International Tax Trust Bloomberg BNA’s Premier International Tax offering for the news and guidance to navigate the complex tax treaty networks and business regulations. By Joe Kirwin March 8th, 2017 The U.S. is emerging as a “leading tax and secrecy haven for rich foreigners” because of its resistance to global tax disclosure standards and the array of tax-free facilities [...]
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  • Blog: Global Capital Markets LitigationAppellate Decision on Loss Causation Is a Warning to RMBS Fraud PlaintiffsPosted on March 9, 2017 by Alexandra Droz
    Investment advisor TCW Asset Management Company (“TCW”) scored a major victory last week when an appellate court dismissed a $128 million RMBS fraud suit that was filed against it by two Australian-based Cayman Island hedge funds: Basis Pac-Rim Opportunity Fund (Master) and Basis Yield Alpha Fund (Master) (together, “Basis”).  Basis sued TCW for alleged fraud … Continue Reading
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  • Blog: Banking on This: Spilman Mortgage & Consumer Banking ReportPresident Trump Signs Executive Order on Regulatory ReformPosted on March 1, 2017 by Spilman Administrator
    On February 24, 2017, President Trump issued another executive order designed to further his administration’s agenda to reduce regulations. Entitled “Enforcing the Regulatory Reform Agenda,” the executive order continues to make clear that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.” The order seeks to […]
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