Author Archive:
Kenneth C. Johnston
Commercial Law and Insolvency in TexasKenneth C. Johnston
bronzeKenneth C. is a bronze memberPartner, Johnston Clem Gifford PLLC
New Antitrust Suit Signals a Renewed Interest in Antitrust Enforcement
Read more: New Antitrust Suit Signals a Renewed Interest in Antitrust EnforcementBY NATHAN MCDONALD ON FIRM NEWS. PUBLISHED DECEMBER 15TH, 2021 An antitrust lawsuit against Amazon, along with DOJ actions involving other major companies and industries, means the government’s renewed focus on antitrust enforcement is not likely to slow soon. Earlier this year, the Attorney General for the District of Columbia, Karl Racine, filed suit against the online retailer giant…
Jim E. Bullock participates in the IR Global Guide – Getting to know the UBO & selecting the right advisor
Read more: Jim E. Bullock participates in the IR Global Guide – Getting to know the UBO & selecting the right advisorForeward by Andrew Chilvers When the 5th Anti-Money Laundering Directive was introduced into law by the UK and EU in January 2020, for many professionals it was a much needed addition to legislation that would significantly help business transparency and combat money laundering. In essence, it was good for business and for public and professional…
Jim E. Bullock and Robert W. Gifford of Johnston Clem Gifford PLLC participated in The Art of Deal Making: Using External Expertise Effectively
Read more: Jim E. Bullock and Robert W. Gifford of Johnston Clem Gifford PLLC participated in The Art of Deal Making: Using External Expertise EffectivelyFor ambitious companies eager to expand into overseas markets, often theconventional route of organic business development is simply not fast enough. The other option to invest in or buy a business outright is far quicker but often fraught with unforeseen dangers. And even the biggest, most experienced players can get it badly wrong if they…
Recent Changes to Bankruptcy Code Helps Lenders and Creditors with Preference Claims
Read more: Recent Changes to Bankruptcy Code Helps Lenders and Creditors with Preference ClaimsAuthored by David Clem Congress enacted the Small Business Reorganization Act last year, which became effective in February 2020. The SBRA amended the Bankruptcy Code to streamline small business bankruptcy administration. The legislature intended to reduce bankruptcy costs for small businesses in the hopes that more of them could survive the Chapter 11 reorganization process.…
OCC’s New “True Lender” Rule Already Having Positive Effects: Colorado Settles Long-Running “True Lender” Case
Read more: OCC’s New “True Lender” Rule Already Having Positive Effects: Colorado Settles Long-Running “True Lender” CaseAuthored by David Clem The Office of the Comptroller of Currency recently issued a proposed Final Rule concerning when a national bank is the “true lender” with respect to a given loan. The firm wrote about the rule on our blog. Lenders have debated the issue for years. In short, the rule provides that the…
FinCEN’s Procedure Ensures Financial Institutions’ Compliance with the Bank Secrecy Act
Read more: FinCEN’s Procedure Ensures Financial Institutions’ Compliance with the Bank Secrecy ActAUTHORED BY EKATERINA LONG Domestic financial institutions and agencies of foreign banks operating in the U.S. must comply with the requirements of the Bank Secrecy Act. [1] The BSA broadly defines financial institution, encompassing, brokers or dealers in securities or commodities, credit unions, commercial banks, and trust companies. [2] The BSA obligates these institutions to maintain…
Three States Sue to Overturn OCC’s New “Valid When Made” Rule
Read more: Three States Sue to Overturn OCC’s New “Valid When Made” RuleBy Jim Bullock Debate over the rule issued in June by the Office of the Comptroller of the Currency—that the valid interest rate on a national bank loan remains permissible after being sold to a state or local entity notwithstanding state usury law—has moved to the courtroom. Attorneys General for California, Illinois and New York…
Johnston Clem Gifford joins IR as the exclusive Commercial Law Member in Texas
Read more: Johnston Clem Gifford joins IR as the exclusive Commercial Law Member in TexasIR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Kenneth C. Johnston of Johnston Clem Gifford. Kenneth has joined IR as our exclusive Commercial Law Member in Texas. Johnston Clem Gifford chooses to do interesting work while seeking to continuously improve not only how its professionals practice law but also…