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The Power of a Negation Clause

USA - July 19 2016 A recent decision of an Illinois appeals court in Republic Bank of Chicago v. FBOP Corp. (Ill. App. April 29, 2016) addressed the effect of an

Conditions and Covenants in Debt Documents: Strict vs. Substantial Performance

USA - July 19 2016 In the recently decided case of The Bank of New York Mellon Trust Company, N.A. v. Morgan Stanley Mortgage Capital, Inc. (2d Cir. April 27, 2016), a

Curing Substantive Ambiguities in Debt Documentation (and More)

USA - July 19 2016 Virtually all public indentures contain provisions allowing the issuer to cure ambiguities and make other technical changes to the debt documentation

Uncertainty in Securitization of Consumer Debt Continues After Supreme Court Denies Certiorari in

USA - June 27 2016 On June 27, 2016, the Supreme Court of the United States denied the petition for certiorari in Madden v. Midland Funding, a case closely watched by

Good Hill v. Deutsche Bank: CDS Market Participants Free to Deal in Underlying Reference Obligation in Own Self-Interest

USA - July 18 2016 Debt Dialogue focuses on recent developments and recurring interpretive issues and principles that debt-focused investors commonly encounter. Members

ISDA Releases Self-disclosure Letter in Connection With Global Uncleared Swap Margin Rules

Global, USA - July 25 2016 The Regulatory Margin Self-Disclosure Letter, published on June 30, 2016, by the International Swaps and Derivatives Association, Inc. ("ISDA") (the

US EPA Announces New Landfill Emissions Rules

USA - July 20 2016 On July 15, 2016 the United States Environmental Protection Agency (EPA) announced a new final rule limiting greenhouse gas and other emissions from

SEC Approves Amendments to Rules of Practice, Making Welcome but Incremental Changes to Enforcement Procedures

USA - July 20 2016 On July 13, 2016, the SEC approved the adoption of amendments to the Rules of Practice that govern its administrative proceedings. This alert

Second Circuit Rules That the U.S. Government Cannot Use a Search Warrant to Access Overseas Data

USA - July 19 2016 On July 14, 2016, the United States Court of Appeals for the Second Circuit unanimously ruled in In the Matter of a Warrant to Search a Certain Email

Curing Substantive Ambiguities in Debt Documentation (and More)

USA - July 19 2016 Virtually all public indentures contain provisions allowing the issuer to cure ambiguities and make other technical changes to the debt documentation