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Results: 1-10 of 55

D&Os - Be Aware of Creditor Exclusion in Your Insurance Coverage
  • Dechert LLP
  • USA
  • October 11 2016

The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance coverage may result in significant


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


Substantive Consolidation of Non-Debtors-Standing and Notice Issues
  • Dechert LLP
  • USA
  • May 30 2017

U.S. courts generally agree that the substantive consolidation should be applied sparingly, and even more so when substantive consolidation of debtors


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


Ninth Circuit Reverses Itself on Payment of Default Interest in Cure Cases
  • Dechert LLP
  • USA
  • November 14 2016

Circuit held that when a chapter 11 debtor cures a default under its loan agreements, the debtor is required to pay default interest as required by


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


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


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


FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
  • Dechert LLP
  • USA
  • January 3 2011

Our October 2010 DechertOnPoint "FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies" discussed how systemically significant non-bank financial companies ("covered financial companies") may find themselves in unknown territory if the FDIC is appointed receiver for them