Rick Jones

Rick Jones

Dechert LLP

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Latest Publications


The Regulatory State: May We Have A Little Humility, Please?

The Great Equity Correction of 2015 that is now being enjoyed by all of us is a correction, and not the beginning, of the Great Bear Market of 2015 (from my lips to God’s ears). It reminds me of just how little we know about...more

9/14/2015 - Banking Sector China Commercial Real Estate Market Dodd-Frank Equity Markets EU Financial Markets Financial Regulatory Reform Liquidity Public Policy Regulatory Standards Securitization Volcker Rule

MERS: Better Than a Faster Horse

MERSCORP, Inc. (“MERS”) has been under fire for years. We wrote about it a while back when residential mortgage borrowers challenged the ability of MERS to foreclose on mortgages it held on the theory that MERS, as a mere...more

8/18/2015 - Assignments Beneficial Owner Class Action Deed of Trust Deeds Mortgage Lenders Real Party in Interest Recording Requirements

Volcker Rule – Five Years On

After years of delays, changes and significant debate, the Volcker Rule is now, largely, in full effect. Sold to a sometimes intellectually incurious Congress and the electorate as a central piece of legislation to limit...more

8/6/2015 - Banking Sector Financial Institutions Hedge Funds Private Equity Funds Proprietary Trading Securitization Special Purpose Vehicles Volcker Rule

Risk and Rewards of CRE-CLO and CLO Securitizations: Navigating the Capital Markets

More than 100 senior executives participated in Dechert’s Risk and Rewards of CRE-CLO and CLO Securitizations: Navigating the Capital Markets seminar.  The half day event, supported by  CRE Finance Council (CREFC) and the...more

7/28/2015 - Collateralized Loan Obligations Professional Conferences Risk Retention Securitization

Grexit Deferred: The End of the Beginning for Greece?

For want of a baker, a job was lost. For want of a job, the economy was lost. For want of an economy, the banking system collapsed. For want of a banking system – well, ultimately Grexit....more

7/20/2015 - EU Eurozone Financial Crisis Germany Greece

Grexit Deferred: The End of the Beginning for Greece?

For want of a baker, a job was lost. For want of a job, the economy was lost. For want of an economy, the banking system collapsed. For want of a banking system – well, ultimately Grexit....more

7/20/2015 - EU Eurozone Financial Crisis Germany Greece

The EB-5 Visa Program: the Rebirth of the Immigration Investor Program

This is a good news story for once. But, of course, since the father of this soupcon of good news is our government, it’s almost unintended. From the ashes of the economic recession of 2008 came the rebirth of the...more

6/30/2015 - EB-5 Foreign Investment Foreign Nationals Green Cards Visas

Risk Retention – “How I Learned to Love Risk Retention and Live With It.” (Apologies to Stanley Kubrick)

As time goes by we start to get close to the first of two risk retention effective dates; December 24, 2015 for residential product and everything else looming December 24, 2016 (does anyone really think a Christmas Eve...more

6/23/2015 - Collateralized Loan Obligations Commercial Real Estate Market Dodd-Frank Mortgage-Backed Securities Rental Property Residential Real Estate Market Risk Retention SEC Securitization Single Family Housing

Whom the Gods Would Destroy, They First Make Meet A Higher Regulatory Capital Burden

Or perhaps Prometheus had it right in its original form. “Whom the Gods would destroy they first make mad.” Look at what we are doing to construction lending in the name of our seemingly endless safety and soundness...more

6/5/2015 - Banking Sector Commercial Real Estate Market Construction Loans Finance Lenders HVCRE Rule Real Estate Development

Commercial Real Estate and the Broader US Economy: What Me, Worry?

You know, as an economist, I am a pretty good piano player. I struggle every morning, marinating in the news cycle, to try to understand what’s happened to the US economy and what its impact will be or might be upon the...more

5/13/2015 - Commercial Real Estate Market Global Economy Interest Rates Regulatory Standards

Three Top Considerations After Omnicare

In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U. S. ____ (2015), the Supreme Court clarified issuer liability under §11 of the Securities Act. Section 11 provides that issuers are...more

4/22/2015 - Issuers Material Misstatements Omnicare v Laborers District Council Registration Statement SCOTUS Section 11 Securities Act of 1933 Statement of Opinion

A Phantom Menace for IPO Companies - US Tax Regulations Restrict the Use of Restricted Stock Units

Section 162(m) of the Internal Revenue Code (“Section 162(m)”) provides for a $1 million dollar limitation on the amount of compensation paid to each of certain named executive officers that public companies may deduct in any...more

4/20/2015 - Executive Compensation IRS Restricted Stocks Section 162(m) Stock Options

Mrs. Yellen, What in the World Are You Doing?

Is the Federal Reserve overreaching by broadening the scope of its policies? If extremism in the defense of liberty is (reportedly) no vice, unremitting, continuous undisciplined chatter for the sake of transparency...more

4/2/2015 - Banks Federal Reserve Financial Markets

Europe and Its Common Currency: It’s Really Over… But Not Today

I’ve written about Europe a lot over the past couple of years and not out of just a Schadenfreude enjoyment of watching a slow motion disaster far from our shores but because it seems to me that really matters, both in terms...more

3/4/2015 - EU UK Concurrency Regime

Regulators: It’s in Their Nature

Here’s one from left field that I only began to focus on recently. In mid-December, the gnomes of Basel published several “Consultative Documents” on bank capital and credit risk issues. First of all, I’m somewhat...more

2/3/2015 - AIFMD Basel Committee Capital Requirements Collateralized Loan Obligations Proposed Regulation Risk Retention Securitization

Breaking The Code

I saw the movie Imitation Game last weekend, which is the story of Alan Turing and his role in breaking the Enigma Code which shortened World War II and saved millions of lives. (Spoiler Alert: He did it, we won.) Turing,...more

1/30/2015 - Capital Markets Commercial Real Estate Market

Schrodinger’s Cat

We here at CrunchedCredit are getting ready, as we do each year at this time, to polish up the palantir and make our predictions and business projections about the coming year. While it can be a fun exercise, it’s actually...more

12/31/2014 - Financial Markets Global Economy

Credit Risk Retention Final Rule: Enforcement and Compliance Considerations

Predicting enforcement of the final rule regarding U.S. risk retention is an uncertain task. This OnPoint is designed to provide guidance on possibilities related to consequences of non-compliance, enforcement approaches by...more

12/16/2014 - Asset-Backed Securities CMBS Collateralized Loan Obligations Dodd-Frank Enforcement Guidance Final Rules Private Right of Action Prudential Regulation Authority Risk Retention

CrunchedCredit.com’s 5th Annual Golden Turkey Awards

This is our fifth annual Golden Turkey Awards at CrunchedCredit. It just gets easier and easier. There are simply so many worthy contenders for an award this year. You know, we don’t stop and take a moment often enough to...more

11/25/2014 - Basel III China Commercial Mortgage Securitization Dodd-Frank DOJ European Central Bank Final Rules Financial Markets GSE Liquidity Coverage Ratio Mortgage-Backed Securities Mortgages Regulation AB II Risk Retention Russia SEC Volcker Rule

“First” Deeds of Trust now Second in Line?

Never a dull moment. We at Crunched Credit are probably guilty of excess and perhaps myopic focus on our federal government and its regulatory apparatus; it is such a consistently reliable source of commentary and outrage. ...more

11/18/2014 - Condominiums Deed of Trust Foreclosure HOA Liens Priority Debt

The Continuing European Banking Crisis and Hidden Capital Shortfalls

Who says that Europeans don’t get Halloween? After more than a year in the making, the European Central Bank (“ECB”) just finished its most recent stress test and found that pretty much everything was kinda OK. Sure, a few...more

11/7/2014 - Banking Crisis Banks EU European Central Bank Stress Tests

Credit Risk Retention Final Rule: Steering CMBS through the Regulatory Wake

Introduction and Summary of CMBS Updates - After more than three and a half years since the publication by regulators of the first proposals for credit risk retention, we now have a final rule that has brought with it...more

10/28/2014 - CMBS Compliance Dodd-Frank Loans Mortgage-Backed Securities Mortgages Risk Retention

Risk Retention and Stockholm Syndrome

After three years of waiting, we now have our Risk Retention Rule. All six of the Agencies responsible for the Rule – the FDIC, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the...more

10/27/2014 - ABS Asset-Backed Securities Dodd-Frank FDIC Federal Reserve FHFA HUD OCC Risk Retention SEC Securitization

The Grand Illusion: A Strategy

Have you heard the following thought expressed recently in one way or the another, “I’m less worried about what new black swans might swim onto our screens and more worried that we will just wake up one day, peer out of our...more

10/6/2014 - Financial Markets

Liquidity Coverage Ratio Rule: Birds Gotta Fly, Fish Gotta Swim…and Regulators Gotta Regulate

With apologies to Jerome Kern and Oscar Hammerstein, and in the afterglow of a relatively amiable final AB Rule, we are reminded this week that our business remains hogtied to a regulatory establishment that can’t seem to...more

9/24/2014 - Basel III Final Rules Liquidity Coverage Ratio OCC Regulation AB SEC

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