Latest Publications

Share:

ESG and the Sustainable Economy Handbook - Overview

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and...more

CFTC Asserts Jurisdiction Over DAOs in Groundbreaking Enforcement Action

On 22 September 2022, in its first-ever enforcement action against a decentralized autonomous organization (DAO), the Commodity Futures Trading Commission (CFTC) alleged that certain automated crypto transactions conducted on...more

Offshore Wind Handbook

The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that...more

ESG and the Sustainable Economy Handbook - Perspectives in ESG and Sustainable Investment

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and...more

Digital Tokens and the Banking System: Basel Committee Proposes Risk-Weighted Assets Framework for Cryptoassets

Background - On 10 June 2021, the Basel Committee on Banking Supervision published a preliminary proposed framework for the prudential treatment of cryptoasset exposures based on classification cryptoassets (the Proposal).1...more

ESG and the Sustainable Economy

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and...more

The Coming Blockchain Revolution in Consumption of Digital Art and Music: The Thinking Lawyer's Guide to Non-Fungible Tokens...

First there were CryptoKitties. Then came digital art, CryptoPunks and NBA Top Shot. But when Beeple’s digital art piece “Everydays: The First 5000 Days” sold at Christie’s for US$69 million, the NFT mania truly began. And as...more

Rocky Mountain Low? Implications of the Settlement of Colorado's Challenge to Partnerships Between Banks and Marketplace Lenders

The impact of state usury laws on marketplace lending has been an area of concern since the inception of the industry. In a technique borrowed from the payday lending industry, online platforms that make unsecured consumer...more

TALF 2.0 FAQs Round Two: Questions Answered

On May 12, 2020, the Federal Reserve Bank of New York (the “Fed”) released its initial draft of frequently asked questions (the “Initial FAQs”) relating to the Term Asset-Backed Securities Loan Facility program (“TALF 2.0”)...more

TALF 2.0 FAQs Released: More Questions Raised

On May 12, 2020, the Federal Reserve Bank of New York (the “Fed”) released its initial draft of frequently-asked questions (“FAQs”) relating to the Term Asset-Backed Securities Loan Facility program under the CARES Act (“TALF...more

COVID-19: Federal Reserve Expands the Main Street Lending Program

On April 30, the Federal Reserve Board (“Board”) announced an expansion of the Main Street Loan Program and updated terms to the program’s original offerings. The program is now comprised of the Main Street New Loan (“New...more

COVID-19: Crisis Management for End-Users of Swaps and Repos: Key Issues in Responding to Margin Calls and Early Termination...

Counterparties to swap and repurchase transactions have come under pressure following the financial dislocations caused by the novel coronavirus pandemic in 2020 (“COVID-19”). Falling and illiquid markets may result in margin...more

COVID-19: The Federal Reserve Announces New and Expanded Liquidity Facilities to Provide $2.3 Trillion in Funding

On Thursday, April 9, the Federal Reserve Board (“FRB”) announced the terms sheets of four new liquidity facilities and expanded the scope of the previously announced Term Asset-backed Securities Liquidity (“TALF”), the...more

COVID-19: The Federal Reserve Establishes the FIMA Repo Facility to Maintain Stability of U.S. Dollar-Denominated Wholesale...

On March 31, the Federal Reserve Board (“FRB”) announced the establishment of a temporary repurchase agreement facility for foreign and international monetary authorities, known as the “FIMA Repo Facility.” This is the...more

COVID-19: The Federal Reserve Establishes Three New Liquidity Facilities and Expands the Scope of Two Existing Liquidity...

To mitigate the “severe disruptions” to the U.S. economy caused by the COVID-19 crisis, the Federal Reserve Board (“Federal Reserve”) is ramping up its efforts to “support…the flow of credit to American families and...more

COVID-19: Federal Reserve’s Commercial Paper Funding Facility 2020 May Enhance Consumer Lending and Corporate Liquidity

“Wishing you a pot o’ gold, and all the joy your heart can hold.” – traditional St. Patrick’s Day greeting - On March 17, 2020, the Federal Reserve Board announced the establishment of the Commercial Paper Funding Facility...more

Volcker Revamp Viewed Vividly: What You Need to Know About the Agencies’ Proposal to Modify Restrictions on Covered Funds

On January 30, 2020, the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities and Exchange...more

OCC and FDIC Propose Rules to Confirm “Valid-When-Made” Doctrine

Over the last two days, the Office of the Comptroller of the Currency (“OCC”) and the Federal Deposit Insurance Corporation (“FDIC”) (together, the “Agencies”) each issued a proposed rule (collectively, the “Proposed Rules”)...more

11/25/2019  /  FDIC , Lenders , OCC , Proposed Rules

OCC and FDIC Ease “Volcker Rule” Restrictions on Proprietary Trading: SEC, CFTC, and Federal Reserve Expected to Follow Suit

On August 20, 2019, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) approved amendments to regulations implementing Section 13 of the Bank...more

SEC Proposes New Rules for Cross-Border Security-Based Swaps

Introduction - On May 10, 2019, the Securities and Exchange Commission (“SEC”) issued proposed rule amendments and interpretive guidance “to improve the framework for regulating cross-border security-based swaps...more

New Japanese Securitization Risk Retention Rule and Its Impact on CLO Investors in Japan

In December 2018, the Financial Services Agency of Japan (the “JFSA”) proposed amendments to its regulations under the Banking Act of Japan to introduce a new risk retention rule applicable to collateralized loan obligations...more

Metamorphosis: Digital Assets and the U.S. Securities Laws

In the past year, the U.S. Securities Exchange Commission (“SEC”) and Chairman Jay Clayton have repeatedly cautioned the cryptocurrency and initial coin offering (“ICO”) industries about the securities law implications for...more

By Indirections Find Directions Out: Credit Default Swaps and the Hovnanian Exchange Offer

The recently completed exchange offer for K. Hovnanian Enterprises’ 8% 2019 senior notes has roiled the world of credit default swaps (“CDS”); some observers have gone so far as to call it an existential problem for CDS. At...more

The Acts of the Apostilles: Authentication of Documents in International Business Transactions Under the Hague Apostille...

Introduction - In some cross-border transactions the procurement and authentication of “public documents” from international jurisdictions can be a time-consuming bottleneck. ...more

SEC, NASAA, and State Regulators Caution on Cryptocurrencies and ICOs

If 2017 was the year that cryptocurrencies came to the forefront of public attention, 2018 will be the year that this emerging medium of exchange enters a new phase of regulatory scrutiny. As an example, on January 4, 2018,...more

45 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide