
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: March 19, 2015

Partner
201-896-7095 jglucksman@sh-law.comGoldman Sachs, JP Morgan Chase, and Morgan Stanley were all green lighted to be able to return income to their investors, although they were required to adjust their initial requests to insure that they had sufficient capital, according to By contrast, the Bank of America got only conditional approval to return capital to its shareholders, due to “certain weaknesses” that the Federal Reserve found.
Since the onset of the Great Recession in 2008, the nation’s largest banks have faced regulators continuing to raise their capital requirements, in order to make the financial system more resilient and better able to withstand losses. According to The Wall Street Journal, one of the changes that this has made in the way banks conduct their business is to force them to use less borrowed money and more of their investor funds, on the theory that equity infusions cannot flee as quickly when market turmoil occurs. The Wall Street Journal quoted the Federal Reserve Governor Daniel Tarullo, who is the System’s leading figure on regulatory issues, as stating that:
“Our capital plan review helps insure that the capital distribution plans of large banks will not compromise their ability to continue lending to businesses and households even during a period of serious regulatory stress.”
According to USA Today, the “thumbs up” the Federal Reserve has given to the nation’s top lenders resulted “within minutes” in at least nine major banks increasing their quarterly dividends or announcing stock repurchase plans. However, according to USA Today, two foreign banks Deutsche Bank and Santander Holdings both had their capital spending plans rejected by the Fed. For Santander, it was the second year in a row that they had flunked the Fed’s test.
Doral Financial in Chapter 11 Bankruptcy
According to Reuters the Doral Financial Corporation filed a voluntary petition for Chapter 11 bankruptcy protection on Wednesday, March 11, 2015. Based in Puerto Rico, Doral has assets of up to $100,000,000.00 and declared liabilities of up to $500,000,000.00.
The Debtor announced that it will use the bankruptcy process to wind down its businesses and liquidate its assets. It will seek approval for a plan of liquidation, according to PR Newswire.
Doral is the holding company for various subsidiaries, including Doral Insurance Agency and Doral Properties, which have not as yet filed for Chapter 11 bankruptcy protection.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!