Cyprus Prospectus Law – Practical Tip 1.7
CFTC Becomes Third Federal Financial Regulator to Approve Volcker Rule Reforms
On Monday, September 16, the Commodity Futures Trading Commission (the “CFTC” or the “Commission”) announced that it has approved final regulations (the “final rule”) that will streamline and clarify the Volcker Rule – a statutory provision that generally prohibits banking entities from engaging in proprietary trading, or from taking an ownership interest in, sponsoring, or having certain other relationships with hedge funds or private equity funds (collectively “covered funds”). The final rule has already been…
Percentage of 2018 Deals Drawing Merger Objection Suits Held Steady
One of the most significant corporate litigation phenomena over recent years has been the rise of merger objection litigation, as result of which nearly every public company merger objection transaction has drawn at least one lawsuit. According to the latest study of merger litigation from Cornerstone Research, this phenomenon continued in 2018, with the same percentage of merger transactions as in 2017 attracting at least one lawsuit – in 2018, as in 2017, 82% of…
Presentation: Summary Judgments in Texas
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas. This presentation included a discussion of the finality of summary judgments, the standard and scope of review of traditional and no-evidence summary judgments in the trial court and court of appeals, preservation of error hot topics, recent Texas Supreme Court decisions…
District Court Rules that TCPA Applies to Offers of Employment in Text Messages
Just Because You Own the House Doesn’t Mean You “Owe a Debt” Under the FDCPA
Trial Court Lacked Jurisdiction To Alter Its Previous Probate Order, and An Administrator Waived Any Challenge To A Damages Finding
In In the Estate of Brazda, the trial court found an administrator guilty of neglecting to timely distribute the property and ordered the administrator to pay one of the heir’s damages for the neglect. No. 01-18-00324-CV, 2019 Tex. App. LEXIS 5924 (Tex. App.—Houston [1st Dist.] July 11, 2019, no pet. history). The administrator moved for reconsideration of the damages order, the trial court later entered written orders reconsidering and removing the personal liability against the…
Court Holds That A Trustee Has To Serve Until Properly Replaced
In Waldron v. Susan R. Winking Trust, a daughter was a beneficiary of a trust set up by her parents. No. 12-18-00026-CV, 2019 Tex. App. LEXIS 5867 (Tex. App.—Tyler July 10, 2019, no pet. history). The original trustee resigned, and the trust document provided:
Successor. If the original trustee fails or ceases to serve for any reason, then Southside Bank, Tyler, Texas, shall be successor trustee. If this or any other successor trustee fails or…
FCA Whistleblowers Not Guaranteed Hearing When Government Seeks Dismissal in Third Circuit
Asset Search Tips For Finding Hidden Money
Although I have many asset search tips for you, three stand out if you are trying to detect a large amount of hidden money or other high value assets. My asset search tips are that you recognize: competing claimants; compartmentalization and laundering links.
A) COMPETING CLAIMANTS
My first asset search tip is that you see if there are claimants searching for the same money you are (i.e. competing claimants). Competing claimants can be a domestic…