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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


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


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


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


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


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
  • July 18 2012

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


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


Legislative Update
  • Dechert LLP
  • Russia
  • May 17 2012

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