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Funds Talk: June 2017
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • June 1 2017

FINRA has introduced an expansion of Rule 4210 (the Rule), effective Dec. 15, 2017, importing margin concepts into the world of mortgage-backed


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


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


CDO fraud litigation and enforcement - 2011 survey
  • Lowenstein Sandler LLP
  • USA
  • June 23 2011

As of mid-2011, private plaintiffs and government regulators most prominently, the SEC continue to pursue fraud claims in connection with the marketing and sale of collateralized debt obligations (“CDOs”


Lehman Brothers bankruptcy court strikes waterfall subordination provisions conditioned on bankruptcy
  • Schulte Roth & Zabel LLP
  • USA
  • January 28 2010

On Jan. 25, 2010, the U.S. Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) held that a trust deed provision reversing a priority of payment waterfall upon the bankruptcy of a credit support provider under a swap agreement is unenforceable under the U.S. Bankruptcy Code (the “Bankruptcy Code”


Bankruptcy court rules that “flip clauses” violate Bankruptcy Code
  • Katten Muchin Rosenman LLP
  • USA
  • February 5 2010

On January 25, Judge Peck of the U.S. Bankruptcy Court for the Southern District of New York entered a declaratory judgment in favor of Lehman Brothers Special Financing Inc. (LBSF) in a case examining a collateralized debt obligation (CDO) transaction and concerning the effect of event of default provisions on the payment priorities of LBSF as swap counterparty under certain swap agreements and the holders of certain credit-linked synthetic portfolio notes


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"


This week in securities litigation (October 15, 2010)
  • Porter Wright Morris & Arthur LLP
  • USA
  • October 15 2010

The focus was on Dodd-Frank this week as the Commission continued to implement the Act, issuing proposed rules regarding asset backed securities and derivatives


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