News & Analysis as of

Recovery Plans

Skadden, Arps, Slate, Meagher & Flom LLP

The Standard Formula: A Guide to Solvency II – Chapter 12: Undertakings in Difficulty

Undertakings in difficulty, in the context of Solvency II, refers to insurers that are either failing or likely to fail to meet their solvency capital requirement (SCR) or their minimum capital requirement (MCR) (together,...more

A&O Shearman

HM Treasury Publishes Draft Update to Special Resolution Regime Code of Practice

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HM Treasury has published a draft new chapter for the Special Resolution Regime Code of Practice that reflects reforms introduced by the Bank Resolution (Recapitalisation) Bill....more

Brooks Pierce

Brooks Pierce Capital Dispatch: Legislators Approve Second Disaster Recovery Package

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Legislators returned to Raleigh on Thursday and unanimously passed a second Disaster Recovery bill (S 743). The bill appropriates $644 million and makes various policy changes to facilitate storm recovery. Gov. Roy Cooper is...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Preventing and Overcoming Project Delays

The key to the timely completion of a construction project is the preparation and maintenance of a comprehensive project schedule utilizing the critical path method (CPM) of scheduling. Preparation of a CPM schedule requires...more

Brooks Pierce

Hurricane Helene Business Recovery Resources

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Hurricane Helene made landfall late in the evening on Thursday, September 26, 2024, as a Category 4 storm. The Hurricane’s “largest impacts were across the southern Appalachians where widespread severe and unprecedented...more

Ward and Smith, P.A.

North Carolina Passes First Helene Emergency Relief Legislation

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The House and Senate passed the legislation unanimously yesterday afternoon, and Governor Cooper moved quickly to sign the bill into law this morning, making the bill effective today, October 10, 2024. House Bill 149...more

J.S. Held

Cyber Business Interruption Playbook: A Guide to Response and Recovery

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Over the past 20 years, technology has changed the way we communicate, conduct business, and live. It is rare to walk down a city street and not see a person using some type of technology. It has become an integral and...more

A&O Shearman

European Banking Authority Sets 2025 Priorities for Resolution Authorities and Reports on the Progress Achieved in 2023

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The European Banking Authority published its 2025 European Resolution Examination Programme report. The report sets three priorities for resolution authorities and banks for 2025 and looks at the progress achieved in 2023,...more

Lowenstein Sandler LLP

3M Must Engage in a “Pointless Formality” to Satisfy Retention: The Importance of Avoiding Non-Market Language in CGL Policies

Lowenstein Sandler LLP on

Today on “Don’t Take No for an Answer,” Eric Jesse and Alexander B. Corson discuss Aearo Technologies v. ACE American, in which a Delaware court held 3M could not credit $372 million it paid in defense costs against...more

Mayer Brown

Interview with Jason Cave, Former Regulator Turned Industry Adviser

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Matt Bisanz interviews former financial regulator Jason Cave to discuss developments in resolution and recovery planning, as well as trends in third-party risk management....more

A&O Shearman

Bank of England Publishes Resolvability Assessment of Major UK Banks 2024

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The Bank of England has published the findings from its second assessment of the eight major U.K. banks under the Resolvability Assessment Framework. The assessment finds that the major U.K. banks have continued to make...more

A&O Shearman

House of Lords Committee Re-Opens FCA-Related Inquiries

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The House of Lords Financial Services Regulation Committee announced that it has reopened the following inquiries into: The Financial Conduct Authority's enforcement guidance consultation (CP24/2). The deadline for...more

King & Spalding

New York Bankruptcy Court Grants Loan Buyer's Motion for Full Recovery of $5 Million Supersedeas Appeal Bond

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On June 12, 2024, the U.S. Bankruptcy Court for the Southern District of New York granted a loan buyer’s motion to recover against a supersedeas appeal bond, finding that, as result of the appeal, the loan buyer suffered...more

Patomak Global Partners

FDIC and OCC Focus on Resolution and Recovery Capabilities Testing

The Situation: The Federal Deposit Insurance Corporation (FDIC) has issued a final rule which substantively changes the scope and expectations for Insured Depository Institution (IDI) resolution plans (FDIC Final Resolution...more

Latham & Watkins LLP

OCC Proposes Updates to Large Bank Recovery Planning Guidelines

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OCC-supervised institutions with $100 billion or more in average total consolidated assets must be adequately prepared to mitigate severe financial and non-financial risks. ...more

Troutman Pepper

OCC Proposes Amendments to its Recovery Planning Guidelines

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On June 24, the Office of the Comptroller of the Currency (OCC) announced it is requesting comments on proposed amendments to its recovery planning guidelines. A recovery plan’s purpose is to provide a covered bank with a...more

A&O Shearman

UK Prudential Regulation Authority Publishes Dear CEO letter on Non-Systemic Firms' Recovery Planning

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The U.K. Prudential Regulation Authority has published a Dear CEO letter addressed to non-systemic U.K. banks and building societies setting out proposals for improvement on resolvability and recovery planning. The PRA's...more

Alston & Bird

Large Nonbank Ginnie Mae Issuers: Ginnie Mae Wants Your Recovery Plans

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What Happened? Following the release of the Financial Stability Oversight Council (FSOC) Report on Nonbank Mortgage Servicing, Ginnie Mae announced in APM 24-08 that certain large nonbank Ginnie Mae Issuers will now be...more

Orrick, Herrington & Sutcliffe LLP

Ginnie Mae outlines recovery planning requirements for issuers with over $50 billion

On May 20, Ginnie Mae released “APM 24-08: Mandatory Recovery Planning Requirements for Certain Issuers,” which outlined Ginnie Mae’s introduction of recovery planning requirements for issuers whose portfolios exceed $50...more

Lowenstein Sandler LLP

D&O Insurance Myths (Part 2)

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Eric Jesse from Lowenstein Sandler's Insurance Recovery Group punctures a few more D&O insurance myths, including “all insurers are alike” and “D&O policies are non-negotiable.” Speakers: Eric Jesse, Partner, Insurance...more

Lowenstein Sandler LLP

Priority of Coverage: Debunking “Other Insurance” Myths

Today on “Don't Take No For An Answer,” host Lynda A. Bennett is joined by Alexander B. Corson for a discussion about priority of coverage, or who pays what when there are numerous claims, parties, and policies at play. As...more

A&O Shearman

Key Regulatory Topics: Weekly Update 23-29 Feb 2024

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Amongst the broad range of updates this week, at international level, the FSB published its thematic peer review on MMF Reforms and the BCBS published the outcomes of its meeting held on 28 and 29 February, including that it...more

Lowenstein Sandler LLP

Sometimes You Have To Sweat The Small Stuff: Technicality Renders $10M Excess Policy Valueless

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Hosts Lynda A. Bennett and Eric Jesse of Lowenstein Sandler discuss how to access a tower of insurance coverage in light of the recent decision in Pharmacia Corporation v. Arch Specialty Insurance Company, where an...more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: After a Catastrophe

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Natural disasters, while undoubtedly disruptive and damaging, can serve as powerful catalysts for organizational transformation if approached with foresight and strategic intent. As we’ve explored, successful post-disaster...more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: Before, During and After a Catastrophe

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Business leaders and risk managers should always be prepared for the worst. As of October 11, 2023, the United States already experienced 24 separate “billion-dollar” weather and climate disasters in the calendar year,...more

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