We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 499

Financial services update Vol. 10, Issue 9
  • Winston & Strawn LLP
  • European Union, USA
  • March 9 2015

I recently had the opportunity to invest in individual shortterm real estate loans. Having devoted my current liquidity to a real estate


Financial services update vol. 10, issue 29
  • Winston & Strawn LLP
  • European Union, USA
  • August 24 2015

The United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) is once again pushing for regulations that would require


Luxembourg Legal Update - April 2016
  • Clifford Chance LLP
  • European Union, Luxembourg, OECD
  • April 4 2016

On 23 December 2015, Regulation (EU) N20152365 on transparency of securities financing transactions and of reuse (SFTR) was published in the


Banking litigation update
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 19 2012

In Lomas, the Court of Appeal heard four joined appeals concerning the interpretation of various provisions of the ISDA Master Agreement


Fondazione Enasarco v Lehman Brothers S.A.: English court rules on calculation of loss under the 1992 ISDA Master Agreement
  • Sidley Austin LLP
  • United Kingdom
  • May 12 2015

On May 12, 2015, the English High Court gave its judgment in Fondazione Enasarco v (1) Lehman Brothers Finance S.A. and (2) Anthracite Rated


US “ipso facto” and UK “anti-deprivation”: the Lehman “flip” clause
  • Chadbourne & Parke LLP
  • United Kingdom, USA
  • August 18 2010

On November 6, 2009, the English Court of Appeal issued a judgment in the case of Perpetual Trustee Company Limited & another v BNY Corporate Trustee Services Ltd & another 2009 EWCA Civ 1160, an action commenced in the English High Court by the noteholders representative Perpetual Trustee Company Limited ("Perpetual"


Anthracite vs Lehman Brothers finance s.a.
  • Sidley Austin LLP
  • United Kingdom
  • July 20 2011

An English court judgment in Anthracite Rated Investments (Jersey) Limited and Lehman Brothers Finance S.A. Fondazione Enasarco and (1) Lehman Brothers Finance S.A. (2) Anthracite Rated Investments (Cayman) Limited was handed down by Justice Briggs on 15 July 2011


District court enforces credit default swap
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • June 12 2008

On June 10, 2008, US District Judge Jed S. Rakoff of the US District Court for the Southern District of New York issued a notable ruling enforcing a credit default swap (“CDS”) that Merrill Lynch & Co. (“Merrill Lynch”) had purchased to hedge certain of its collateralized-debt obligations (“CDOs”


The anti-deprivation principle and an Atlantic divide
  • McDermott Will & Emery
  • United Kingdom, USA
  • September 23 2009

Structured finance transactions frequently subordinate a swap counterparty’s rights to termination payments upon termination of a swap by reason of counterparty default


Enforceability of subordination provisions in synthetic CDOs a Lehman perspective
  • Kramer Levin Naftalis & Frankel LLP
  • United Kingdom, USA
  • February 3 2010

On January 25, 2010, the U.S. Bankruptcy Judge Peck struck down a provision that used the bankruptcy of Lehman Brothers Holdings, Inc. (“LBHI”) to trigger subordination of a Lehman subsidiary’s swap claim against a securitization vehicle in the United Kingdom