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Results: 1-10 of 12

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans

FDIC brings second action against directors or officers of failed banks

  • Dechert LLP
  • -
  • USA
  • -
  • November 16 2010

Industry observers have been waiting to see when bank failures arising out of the recent financial crisis would produce a wave of Federal Deposit Insurance Corporation ("FDIC") litigation similar to that seen in the early 1990s after the savings and loan crisis

Bankruptcy court rejects FDIC’s claim for capital shortfall

  • Dechert LLP
  • -
  • USA
  • -
  • September 23 2010

The next few years will see the "redevelopment" of the law in two critical areas involving bank failures where the Federal Deposit Insurance Corporation ("FDIC") is appointed receiver: (i) the relative rights and claims of creditors of a bank or savings and loan holding company, including the FDIC; and (ii) D&O and professional liability

First investment firm to enter the new special administration regime

  • Dechert LLP
  • -
  • United Kingdom
  • -
  • November 18 2011

On 31 October 2011, MF Global UK Limited, an insolvent investment broker, became the first investment firm to enter the special administration regime (the “SAR”) created by the Investment Bank Special Administration Regulations 2011 (SI 2011245

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • July 18 2012

There have been some important recent legal developments that will likely impact acquisition finance

FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act

  • Dechert LLP
  • -
  • USA
  • -
  • January 3 2011

Our October 2010 DechertOnPoint "FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies" discussed how systemically significant non-bank financial companies ("covered financial companies") may find themselves in unknown territory if the FDIC is appointed receiver for them

FDIC begins action on its super-resolution rules for Covered Financial Companies

  • Dechert LLP
  • -
  • USA
  • -
  • October 20 2010

Title II of the Dodd-Frank Act establishes a new non-judicial receivership alternative for resolving troubled financial companies that could threaten the stability of the U.S. financial system (“Covered Financial Companies”), as described further below

The new UK insolvency regime for investment firms

  • Dechert LLP
  • -
  • United Kingdom
  • -
  • August 24 2011

In this DechertOnPoint, we summarise HM Treasury’s work to establish effective resolution arrangements for investment banks and firms, which resulted in the introduction of a special administration regime (“SAR”) earlier this year

Claims under TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation

  • Dechert LLP
  • -
  • USA
  • -
  • December 19 2011

Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage