Bjorn Bjerke

Bjorn Bjerke

Shearman & Sterling LLP

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Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s...

In a June 3, 2016 decision, the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtor-LLC’s operating agreement that it...more

6/20/2016 - Bankruptcy Court Chapter 11 Commercial Bankruptcy Energy Sector Forbearance Agreements Limited Liability Company (LLC) Operating Agreements Public Policy

CFTC Adopts Final Rules Regarding the Cross-Border Application of Its Swap Margin Requirements

On May 24, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) adopted a final rule defining the cross border application of its margin requirements for uncleared swaps. The final rule covers all swap dealers and...more

6/9/2016 - CFTC Cross-Border Final Rules Margin Requirements Swaps

US Financial Stability Oversight Council Focuses on Asset Management Products and Activities

On April 18, 2016, the US Financial Stability Oversight Council issued an update on its multi-year review of potential financial stability risks in the asset management industry. This note highlights takeaways from that...more

4/27/2016 - Asset Management Capital Markets Union EU FSOC Popular Risk Assessment UK

The United States Bankruptcy Court for the Southern District of New York Deals Loss to Lehman in Interpreting Loss Under ISDA...

In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction...more

10/1/2015 - Banking Sector Bankruptcy Court Chapter 11 Commercial Bankruptcy Intel ISDA ISDA Master Agreement Lehman Brothers Valuation

SEC Moves Closer to Registration of Security-Based Swap Dealers and Major Security-Based Swap Participants

On August 5, 2015, the US Securities and Exchange Commission (“SEC”) took several incremental steps toward completing its regulatory framework for security-based swap dealers and majority security-based swap participants...more

8/14/2015 - Final Rules Major Swap Participants Registration Requirement SEC Security-Based Swaps Swap Dealers

CFTC Proposes New Approach to the Cross-Border Application of Margin Requirements

The US Commodity Futures Trading Commission (“CFTC”) has taken another step in refining its framework for cross-border activities, with a new set of proposed rules applicable to the cross-border application of margin...more

7/15/2015 - CFTC Commodities Cross-Border Transactions Margin Requirements Prudential Regulation Authority Rulemaking Process Swap Dealers Swaps

TLAC: An Additional Capital Requirement for G-SIBs

The Financial Stability Board recently issued for consultation proposals to increase the loss-absorbing capacity of global systemically important banks over and above the fully loaded Basel III capital standards....more

12/9/2014 - Banks Basel III Capital Requirements FSB G-SIB

US Bank Regulators Publish FAQs and 2014 SNC Review of Leveraged Lending

On November 7, 2014, the Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Federal Reserve”) and the Federal Deposit Insurance Corporation (“FDIC”) (collectively, the...more

11/11/2014 - FDIC Federal Reserve Lenders Leveraged Lending OCC

Credit Risk Retention Rules Finalized

Six federal agencies have finalized long-anticipated joint rules imposing risk retention, or “skin-in-the-game,” requirements for securitizations. The new rules, when they become effective over the next two years, will impose...more

10/24/2014 - Derivatives Dodd-Frank FDIC Federal Reserve FHFA Higher-Risk Securitizations HUD New Regulations OCC Regulation AB Risk Retention SEC Securities Exchange Act Volcker Rule

Volcker Unbound

The regulation that will implement the Volcker Rule was finally issued on December 10, 2013. Major financial institutions around the world will have to review a host of activities and investments in order to comply with the...more

1/2/2014 - Banks Dodd-Frank Volcker Rule

The Final Volcker Rule Begins to Emerge

We issued a client memorandum on December 9 listing the major topics to look for when the five financial regulatory agencies agreed to finalize the Volcker Rule, which generally prohibits banking organizations from engaging...more

12/11/2013 - Banks Private Investment Funds Volcker Rule

The Volcker Rule: A Comparison

On December 10 2013, the final regulation implementing the Volcker Rule was adopted by the five US federal bank regulatory agencies. This comes over two years after the publication of the proposed regulation. The text below...more

12/11/2013 - Banking Sector Dodd-Frank Financial Regulatory Reform Volcker Rule

Ready for the Volcker Rule? What to Look For

Over two years after publication of a proposed regulation, a final regulation implementing the so-called “Volcker Rule” is expected to be adopted tomorrow by the five US Federal financial regulatory agencies. Two of them —...more

12/9/2013 - CFTC Compliance Federal Reserve Financial Regulatory Reform Volcker Rule

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