Richards Kibbe & Orbe LLP


Single-Name Credit Default Swaps: A Primer

Global, USA - May 2 2016 The last few months have seen a revival in interest in single-name credit default swaps ("CDs") by hedge funds and other buy-side firms looking to

The latest innovation in middle market lending: the unitranche facility

USA - March 1 2012 “Unitranche loans” are the latest innovation in middle market lending

Don’t get caught short by Rule 105: a refresher for hedge fund managers

USA - August 27 2013 As the U.S. equity markets reach post-crisis heights, hedge fund managers with contrarian views have ample opportunity to express their conviction by

LMA sub-participation agreements and grantor insolvency

United Kingdom - September 17 2008 This memorandum provides an overview of the practical issues facing a sub-participant under a Loan Market Association ("LMA") English-law governed sub-participation agreement as the creditworthiness of grantor deteriorates

SEC issues interpretive guidance on Exchange Act Sections 13(d) and 13(g)

USA - October 19 2009 On September 14, 2009, the Staff of the SEC’s Division of Corporation Finance issued Compliance and Disclosure Interpretations (the "Interpretations") relating to beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934 (the "Exchange Act"

The CFTC Debuts Its First Publicly Available Enforcement Manual - A Snapshot of Key Provisions and Issues

USA - May 13 2019 The Commodity Futures Trading Commission's ("CFTC") new Enforcement Manual ("Manual"), while codifying past practice and pronouncements, hints that

S.D.N.Y. Decision Addresses Attorney-Client Privilege in the Context of Constituency Directors

USA - April 11 2019 On March 28, 2019, a federal court in the Southern District of New York issued a decision addressing the standard for determining whether

Curbing Manufactured Failure to Pay - an Independent View

USA - March 6 2019 A Failure to Pay Credit Event allows a CDs buyer to be paid the protection payments when the Reference Entity fails to make a required payment on its

VisaMastercard Class Action Inches Toward Settlement

USA - January 30 2019 Yield-seeking investors, spooked by the current volatility of the equity and credit markets, continue to seek non-market correlated investments. One

Independent Directors - Lessons & Reminders from a Tumultuous Year

USA - January 11 2019 2018 was a challenging year for many independent corporate directors, in large part due to the array of corporate crises stemming from the behavior