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Shearman & Sterling LLP | USA | 25 Jan 2022
SEC proposes new large position reporting requirements and prohibitions on fraud and manipulation for SBSs
The Securities and Exchange Commission recently proposed a series of potentially far-reaching changes to the regulation of the security-based swap (SBS) markets. Among other changes, the proposed rules would impose public reporting requirements for large positions of SBSs above a defined threshold. The proposal would also adopt new anti-fraud and anti-manipulation rules that could, if applied......
Kramer Levin Naftalis & Frankel LLP | Germany, USA | 23 Sep 2020
Decoding Derivatives - Q3 2020
Following its application to the Munich District Court to open preliminary insolvency proceedings, Wirecard was alleged to have been subject to a…
Kramer Levin Naftalis & Frankel LLP | USA | 8 Sep 2020
Second Circuit Holds That So-Called “Flip” Clause Payments Are Protected by Section 560 of the Bankruptcy Code
In Lehman Brothers Special Financing Inc. v. Branch Banking & Trust Co. (In re Lehman Brothers Holdings Inc.), No. 18-1079, --F.3d--, 2020 WL 4590247…
Hogan Lovells | USA | 17 Feb 2020
"The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism
On February 15, 2019, the U.S. District Court For the Southern District of New York issued Its ruling in the case of Aurelius Capital Master, Ltd…
Cadwalader Wickersham & Taft LLP | European Union | 7 Feb 2020
ISDA Highlights Economic Analyses on Derivatives and Risk Management
ISDA highlighted separate economic analyses on: (i) trends in the credit default swaps ("CDs") market, (ii) clearing networks and central…
Cadwalader Wickersham & Taft LLP | USA | 17 Dec 2019
NERA Economic Consulting Analyzes Allegations of Manufactured Defaults
The National Economic Research Associates ("NERA"), an economic consulting firm, demonstrated in a recent article how economic analysis can be used…
Ropes & Gray LLP | USA | 11 Nov 2019
Podcast: Credit Funds: Credit Default Swaps in the Distressed Limelight
In this Ropes & Gray podcast, Alyson Gal, Matt Roose and Jill Kalish Levy discuss recent developments in loan and bond documentation in response to…
Shearman & Sterling LLP | USA | 17 Apr 2019
ISDA proposes amendments to 2014 Credit Derivatives Definitions relating to narrowly tailored credit events
The International Swaps and Derivatives Association recently published proposed amendments to its 2014 Credit Derivatives Definitions relating to narrowly tailored credit events. The proposal comes in the wake of concerns raised by market participants over certain failure to pay credit events, or claimed failure to pay credit events – in particular, the 2017 agreement by Hovnanian Enterprises......
Shearman & Sterling LLP | USA | 11 Apr 2019
ISDA Proposes Amendments to the 2014 ISDA Credit Derivatives Definitions Relating to Narrowly Tailored Credit Events
On March 6, 2019, the International Swaps and Derivatives Association (ISDA) published proposed amendments [1] to the 2014 ISDA Credit Derivatives…
Weil Gotshal & Manges LLP | USA | 22 Feb 2019
Court Rejects Windstream’s Defenses and Awards Aurelius $310.5 Million
Not since Marblegate has a decision in a bondholder litigation been awaited with as much anticipation as the February 15, 2019 post-trial decision in…
