Volume 64 - Number 2

February 2009 Issue, Vol. 64 No. 2

The Business Lawyer

February 2009 Issue, Vol. 64 No. 2

Complete collection for February 2009

64(2): 389 - 393 (February 2009)

64(2): 395 - 410 (February 2009)
The SEC has codified new rules that show the view that the potential liability of a seller of securities for deficiencies in disclosure is based on the information about the issuer and the offering conveyed to prospective investors at or before the time when the contract of sale is entered into, rather than the information in the prospectus sent with the confirmation of sale. Moreover, the new rules permitted use of written communications other than the statutory prospectus, called "free writing prospectuses," to convey information to prospective investors, and the requirement that the final prospectus be physically delivered to the purchasers was eliminated long as the final prospectus is filed with the SEC and the purchasers receive notice that they have purchased securities in a registered offering. In addition, the use of offering documents that incorporate by reference the issuer's reports filed pursuant to the Securities Exchange Act of 1934 has continued to increase. In light of these developments, the Subcommittee is updating the 20 04 report and illustrative form of negative assurance to reflect current law and practice.

64(2): 411 - 431 (February 2009)
The purposes of the Special Report are (1) to review the process required to deliver a substantive consolidation opinion in structured finance transactions, (2) to urge that the parties involved and their lawyers take a fresh look at the opinions that are delivered in connection with the closings of these transactions, and (3) to provide a form that may be used by firms that are asked to render an opinion of this nature and do not have their own forms or that do have their own forms but may wish to take a different approach than they have used in the past. In particular, the Committees suggest that the substantive consolidation opinions be shortened and simplified. A form derived from the form (“1995 Model”) appearing as Appendix D to the 1995 report titled Structured Finance Techniques1 by the Committee on Bankruptcy and Corporate Reorganization of the Association follows this Special Report.

64(2): 433 - 463 (February 2009)
The Annual Survey is written from the perspective of the practicing M&A lawyer. The summarized cases are limited to those believed to be of greatest interest and significance to a wide range of M&A practitioners.

64(2): 465 - 470 (February 2009)
This is the introduction to the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008.

64(2): 471 - 485 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on cases and regulations dealing with the Truth in Lending Act.

64(2): 487 - 498 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on personal property financing.

64(2): 499 - 515 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on developments in RESPA.

64(2): 517 - 531 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on the mortgage and predatory lending developments.

64(2): 533 - 548 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece explores recent privacy and data security issues dealing with consumer finance.

64(2): 549 - 561 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on litigation in regards to data security breaches.

64(2): 563 - 577 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on fair lending developments.

64(2): 579 - 592 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece discusses significant updates to the Fair Credit Reporting Act.

64(2): 593 - 604 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece summarizes the continuing developments in the area of electronic banking and prepaid cards.

64(2): 605 - 615 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on federal preemption.

64(2): 617 - 626 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece evaluates the vicarious liability of motor vehicle renting and leasing companies has been changed since the enactment of the Graves Amendment, and examines the cases in which the constitutionality of the Graves Amendment has been challenged.

64(2): 627 - 638 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on consumer arbitration agreements.

64(2): 639 - 652 (February 2009),The Business Lawyer - February 2009, vol. 64, no 2; UDAP Regulations for Credit Card Issuers

64(2): 653 - 664 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on mortgage loans.,The Business Lawyer - February 2009, vol. 64, no 2; A Loan by Any Other Name - The Advent of the "Rate Spread" Home Loan

64(2): 665 - 676 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on the Fair Debt Collection Practices Act and communications by debt collectors.

64(2): 677 - 689 (February 2009)
This is part of the survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008. This piece focuses on international developments.

64(2): 465 - 689 (February 2009)
This is the complete survey that summarizes the significant legal developments Consumer Law and Protection since the Consumer Financial Services Committee’s last survey in 2008.

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