Orrick's Financial Industry Week in Review

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Financial Industry Developments

OCC Comptroller Discusses Risks to Global Banking

On November 12, Comptroller of the Currency Thomas J. Curry spoke at the 25th Special Seminar on International Finance in Tokyo, Japan. The comptroller identified cybercriminals as possibly the biggest threat to the global economy today.  Remarks.

Rating Agency Developments

On November 12, DBRS released its methodology for rating Canadian credit card and personal credit line securitizationsReport.

On November 7, DBRS issued a request for comment for its proposed methodology for rating funds backed by corporate creditReport.

Note: Free registration is required for rating agency releases and reports.

RMBS and Other Securities Litigation

NCUA Sues Deutsche Bank National Trust Co. For Allegedly Failing to Comply With RMBS Trustee Duties 

The National Credit Union Administration, acting as liquidating agent for five failed credit unions, sued Deutsche Bank National Trust Company (DBNTC) for allegedly breaching its duties as trustee under the governing trust agreements for 121 RMBS trusts with a total original face value of approximately $140 billion. The complaint, filed November 10, in the U.S. District Court for the Southern District of New York, asserts causes of action under the Trust Indenture Act and a provision of the New York Real Property Law known as the Streit Act. The complaint alleges that DBNTC failed to properly review and monitor the loans underlying the RMBS, notify the investors of deficiencies in the loans, take action to address those alleged deficiencies, and enforce the repurchase of defective loans as provided for in the governing agreements. The complaint also alleges that DBNTC failed to exercise proper oversight over the loans' servicers, including by failing to declare the servicers and master services in default under the agreements. NCUA seeks unspecified damages, equitable relief, pre- and post-judgment interest, and fees and costs.  Complaint.

European Financial Industry Developments

FSB Consults on Total Loss-Absorbing Capacity for G-SIBs 

On November 10, the Financial Stability Board (FSB) published a consultation paper on proposals on the adequacy of total loss-absorbing capacity (TLAC) of global systemically important banks (G-SIBs) in resolution.

In the consultation, the FSB seeks views on principles on loss absorbing capacity of G-SIBs in resolution, covering issues such as the calibration of the amount of TLAC required, the determination of TLAC-eligible instruments and the consequences of breaches of the requirement.  The deadline for responses to the consultation is February 2, 2015.  Consultation Paper.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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