Wednesday, July 5, 2017

Clock Runs Out on CALPERS' Lehman Claims

Supreme Court Upholds Strict Time Limit in Federal Securities Class Actions

Author: David Schwartz J.D. CPA

On June 26, 2017, the Supreme Court handed down a 5-4 decision which ended California Public Employees' Retirement System’s (“CALPERS”) efforts to spin off its own Lehman-related claims from a larger class action because the claims were filed late.  The Court held that the three-year time limit in Section 13 of the Securities Act of 1933 is a statute of repose. Consequently, the Court held that the filing of a class action suit under Section 13 does not stop the clock on the statute of limitations for plaintiffs who subsequently opt-out of the class to pursue individual lawsuits.

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Thursday, June 29, 2017

Fed urges Recalibration, Not Repeal, of Dodd-Frank Reforms

Outlines Fed's Guiding Principles for Recalibration

Author: David Schwartz J.D. CPA

In Congressional testimony on June 22, 2017, Federal Reserve Governor Jerome H. Powell highlighted the progress that has been made since the financial crisis in improving the resiliency and resolvability of the U.S. banking industry. Having achieved the primary goals of re-regulation, however, Powell believes that the time is ripe "for us to look for ways to reduce unnecessary burden." In his statement, Governor Powell urged the lawmakers on the Senate Committee on Banking, Housing, and Urban Affairs not to roll back Dodd-Frank reforms, but to recalibrate them.

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Wednesday, June 21, 2017

Does LIBOR Have a Future?

Committee Meets this Week to Discuss Alternative Benchmark Rates

Author: David Schwartz J.D. CPA
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Thursday, June 15, 2017

Treasury Dept. Issues Regulatory Core Principles

Author: David Schwartz J.D. CPA

In response to Executive Order 13772, on June 14, 2017 Treasury Secretary Steven Mnuchin published a report identifying recommendations for changes to the regulation of the U.S. financial system in a manner consistent with the Executive Order's "core principles." Some of the “core principles” laid out in the executive order are addressed in bills currently being debated in Congress. The report takes up some of these same issues, but with slightly different approaches than those proposed by legislators. The publication is the first in a series of reports planned by the Treasury Department. This report focuses on the depository system.

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Monday, June 12, 2017

BIS Issues Further LCR Guidance

Includes steps toward calibration of the LCR to address short term financing activities

Author: David Schwartz J.D. CPA

On June 8, 2017, the Basel Committee on Banking Supervision (BIS) issued a second set of frequently asked questions (FAQs) and answers on Basel III's Liquidity Coverage Ratio (LCR). This latest guidance responds to questions and requests for clarification received from commenters to the Basel Committee’s January 2013 publication of the LCR standard. The June 8 release combines new guidance with the existing FAQs published in April 2016 to form a complete set of LCR interpretations to date. Among these interpretations are some meaningful steps toward calibration of the LCR for short term financing transactions. 

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