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Results: 1-10 of 45

Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • June 30 2016

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited


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


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


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • March 29 2016

Two recent court decisions may affect an equity sponsor's options when deciding whether and how to put money into - or take money out of - a


Bail-In, or Just Bailing?
  • Dechert LLP
  • European Union
  • April 25 2016

You know, there's never a dull moment when one reports on the regulatory states' endless and so often fruitless and wrong-headed tinkering with the


US Special Purpose Vehicles’ Independent Directors and the Need for Fiduciary Duties
  • Dechert LLP
  • USA
  • June 1 2016

Essentially all securitization structures utilize a bankruptcy remote entity, aka special purpose entity ("SPE"), to reduce the lenders' or


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


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


Legal uncertainty in CASS and arising from the Lehman Brothers litigation
  • Dechert LLP
  • United Kingdom
  • November 18 2011

The respected Financial Markets Law Committee sponsored by the Bank of England has published a paper, dated October 2011, containing an analysis of legal uncertainty in the FSA’s Client Assets Sourcebook (CASS) and arising from judicial decisions relating to the administration of Lehman Brothers International (Europe


Legislative Update
  • Dechert LLP
  • Russia
  • May 17 2012

On March 5, 2012, new rules came into force for credit cooperatives in bankruptcy proceedings