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Brian S Fraser Richards Kibbe & Orbe LLP

Results 1 to 5 of 12



Direct bank loans to municipalities: what are the implications under the federal securities laws? *

USA - June 8 2012
Traditional public municipal bond offerings have steadily declined over the past several years.

Co-authors: Paul J. Devlin.


Municipal Securities Rulemaking Board Notice raises questions whether certain loans to municipal governments are securities *

USA - September 22 2011
On September 12, 2011, the Municipal Securities Rulemaking Board issued Notice 2011-52 titled “Potential Applicability of MSRB Rules to Certain ‘Direct Purchases’ and ‘Bank Loans’".


Recent New York case demonstrates limits of Big Boy provisions where affirmative acts of concealment are alleged *

USA - September 24 2010
Courts in New York routinely dismiss complaints alleging fraud in connection with transactions between sophisticated parties where the parties have agreed, pre dispute, to a specific disclaimer of reliance on any misrepresentations or omissions by either party in the course of negotiating or entering into the transaction.

Co-authors: Tamala E. Newbold.


Distress in the United States public finance market? *

USA - June 16 2010
Even as the U.S. economy struggles to recover from the worst domestic recession in nearly a century, there are signs that the U.S. public finance market is only beginning to feel the effects of the downturn.

Co-authors: Jon Kibbe, Charles D. Thompson II.


New York court enforces “Big Boy” disclaimers in credit default swap transaction but permits novel credit rating claim to proceed *

USA - April 23 2010
A New York trial court recently enforced contractual disclaimers of reliance ("Big Boy" provisions) in a credit default swap ("CDS") context.

Co-authors: Tamala E. Newbold, Charles D. Thompson II.


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