In this three-part video and podcast series, partner Malcolm Montgomery looks at the impact of the EU Bail-In. He discusses the general provisions, what banks should keep in mind in regard to their liabilities and treatment of existing contracts, and how US law governed-agreements with EU banks are effected.

Video:  How Bail-In Provisions Address the Too Big To Fail Problem

The 2008 global financial crisis eventually led to the 2013 creation of bail-in provisions — legislation intended to shift the burden of possible future bail outs of financial institutions away from taxpayers.

Podcast:  Banks and Their Liabilities and Treatment of Existing Agreements

Financial institutions are in a quandary as to how to comply with the breadth of the Bail-In legislation. In the UK, there is a developing area of law to allows banks to defend decisions to regulators on the “impracticability” of compliance in certain instances.

Podcast:  The Effect on US Law-Governed Agreements with EU Banks

The EU Bank Recovery and Resolution Directive contains mechanisms to help resolve the inherent challenges of jurisdiction.

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