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Kramer Levin Naftalis & Frankel LLP


Indentures Meet the Securities Laws: Interpreting Change of Control Provisions in Foresight Energy L.P.

USA - May 31 2016 Virtually all corporate indentures have what are known as "change of control" provisions. In the event of a change of control of the issuer

Duties of a Trustee Prior to Default: A Tale of a Lapsed UCC Filing

USA - May 31 2016 A typical bond indenture provides that prior to the incurrence of an event of default, a trustee's obligations are limited to those specifically set

The Un-Section 316(b): The Different World of Individual Rights Under Credit Agreements

USA - May 31 2016 The Un-Section 316(b): The Different World of Individual Rights Under Credit Agreements With the current interest being focused on Section 316(b) of

An Activist EEOC Seeks to Leave Its Mark

USA - May 25 2016 Seeking to capitalize on President Obama's final year in office, the Equal Employment Opportunity Commission (the "EEOC") is proposing a new burden

Non-compete agreements: lessons learned in the wake of IBM v. Visentin

USA - July 2 2012 Whether seeking to enforce non-competition agreements or to defeat them, all employers have much to learn from IBM v. Visentin, 2011 WL 672025 (S.D.N.Y. Feb. 16, 2011), aff’d, 437 Fed. Appx. 53 (2d Cir. 2011

Elimination of LIBOR-Based Loans May Come Sooner Than Many Expect

USA - June 27 2016 On May 20, 2016, the New York Federal Reserve Bank's Alternative Reference Rate Committee ("ARRC") released an interim report announcing its

Actualite juridique Avril-Mai 2016

France - June 23 2016 La gouvernance et la surveillance produit, appelée POG (product oversight and governance) est une nouveauté de la directive n 201697 sur la

International Insurance Body Announces New Standards for Identifying Globally Important Insurers

USA - June 22 2016 This alert examines the International Association of Insurance Supervisors’ recently announced standards for identifying globally important issuers

SEC Enforcement Action Highlights Need for PE Fund Advisers to Address Potential Broker-Dealer Issue

USA - June 10 2016 On June 1, 2016, the Securities and Exchange Commission (the "SEC") filed and settled an administrative proceeding against Blackstreet Capital

Risk Retention Regulations Prompt Rise of Majority-Owned Affiliate Funds

USA - June 9 2016 Recently imposed U.S. rules outlining risk retention requirements for residential mortgage-backed securities (“RMBS”) transactions that came into