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Green Bond Impact Reporting Under Securities Law

The rising volatility of financial markets since the beginning of the Covid-19 pandemic has prompted many investors to increase their focus on resilience, governance, and corporate leadership as they strive to understand...more

Second Circuit Backs Foreign Clawback Claims in Madoff Bankruptcy Action

The Second Circuit holds that the presumption against extraterritoriality and international comity do not bar recovery of purely foreign transfers. Key Points: ..The Second Circuit focused on the initial transfer from...more

Fifth Circuit: Make-Whole Premiums Should Be Disallowed as Unmatured Interest

Fifth Circuit finds that make-whole premiums should be considered unmatured interest subject to disallowance under Section 502(b)(2) of the Bankruptcy Code to the extent designed to compensate for future interest...more

Supreme Court’s Merit Management Ruling Highlights Potential Alternative Path to Safe Harbor

Possible application of Section 101(22)(A) to safe harbor’s covered entity requirement raises important questions for future transferee defendants. Key Points: ..Merit Management raises the possibility that customers of...more

Madoff Bankruptcy Decision Offers Protection for Foreign Investors

In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code - Applying the U.S. Supreme Court’s landmark decision in Morrison v. National...more

Opt-Out Cases in Securities Class Action Settlements

Introduction - This report provides, for what we believe is the first time, a comprehensive quantitative analysis of publicly available lawsuits and settlements of so-called opt-out securities cases: cases in which at...more

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