February 8, 2013
More on DoJ’s S&P Complaint
I highlighted some of the juicy bits of the complaint a few days ago. There has been a lot of discussion of the suit and related issues. Here is my two cents’ worth. FIRREA, an untested enforcement statute, has gone … Continue reading
February 8, 2013 in Upstream litigation | Permalink | No Comments
February 6, 2013
$127 Million LPS Robo-Signing Settlement with 47 A.G.s
The Lender Processing Services, Inc. press release is here. The $2.5 million Michigan settlement relating to the overall total $127 million settlement can be found here. In the Michigan settlement, LPS did not admit “any violation of law.” (2) Nonetheless, … Continue reading
February 6, 2013 in Upstream litigation | Permalink | No Comments
Massachusetts Superior Court Holds that Assignee of Residential Mortgage Backed Securities has Standing to Seek Statutory Damages
In Cambridge Place Inv. Mgmt., Inc. v. Morgan Stanley & Co., No. 10-2741-BLS1, 2012 WL 5351233, at *20 (Mass. Super. Ct. Suffolk Co. Sept. 28, 2012), the Superior Court of Massachusetts held that Cambridge Place Investment Management, Inc. (CPIM), as … Continue reading
February 6, 2013 in Upstream litigation | Permalink | No Comments
February 5, 2013
S&P Complaint, Bombshell upon Bombshell!
DoJ’s complaint is chock full of interesting allegations. Previous critiques of the rating agencies rehashed a handful of embarrassing emails that made their way into an SEC staff report a few years ago (“It could be structured by cows and … Continue reading
February 5, 2013 in Upstream litigation | Permalink | No Comments
February 1, 2013
SEC Complaint on Improper Trading of MBS — Much Ado?
Floyd Norris, the only journalist to whom I have written fan mail (sorry Gretchen, you’re next), has another interesting column about a case that the SEC has brought against an MBS trader, Jesse Litvak. The complaint alleges that On numerous … Continue reading
February 1, 2013 in Upstream litigation | Permalink | No Comments
January 31, 2013
FDIC Lawsuit against Bank Directors
The FDIC has filed a lawsuit (hat tip LaCroix by way of April Charney) against the officers and directors of a small bank in New Mexico alleging negligence, gross negligence and breaches of fiduciary duties. The FDIC alleges that the … Continue reading
January 31, 2013 in Upstream litigation | Permalink | No Comments
January 16, 2013
Rating Agency Liability The Wide World Over
Haar has posted a draft of Civil Liability of Credit Rating Agencies – Regulatory All-or-Nothing Approaches between Immunity and Over-Deterrence. This paper helps to fill in a gap in the literature about potential liability of rating agencies across the globe. … Continue reading
January 16, 2013 in Upstream litigation | Permalink | No Comments