On July 12, 2024, Treasury and the IRS published proposed regulations (the “Proposed Regulations”) that would identify certain basket contract transactions as well as transactions substantially similar thereto as “listed…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation
The outcome of the upcoming elections is likely to significantly impact future tax legislation. Notably, many tax provisions enacted under prior tax legislation, commonly called the Tax Cuts and Jobs Act (the “TCJA”), will…
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/ Administrative Law, Elections & Politics, Taxation
In this week’s edition, we discuss the investor expectations set out by the Finance Sector Deforestation Action for banks to address the financial risks of deforestation; the Voluntary Carbon Markets Integrity initiative’s…
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/ Business Organizations, Environmental Law, Finance & Banking
As a lending lawyer for more than a quarter century at this point, I have seen that deposit accounts and deposit account control agreements are a routine component of virtually every transaction. Deposit accounts are a source of…
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/ Finance & Banking
On August 26, 2024, the U.S. Securities and Exchange Commission (SEC) issued an order approving proposed amendments by The Nasdaq Stock Market LLC (Nasdaq) to clarify and modify the phase-in schedules for certain corporate…
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/ Business Organizations, Finance & Banking, Securities Law
In Maso Cap. Invs. Ltd. v. E-House (China) Holdings Ltd., No. 22-355 (2d Cir. June 10, 2024), the United States Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a putative securities-fraud class…
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/ Business Organizations, Civil Procedure, Mergers & Acquisitions, Securities Law
The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go in…
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/ Antitrust & Trade Regulation, Business Torts, Labor & Employment Law
The UK’s banking regulator, the Prudential Regulation Authority ("PRA") has issued a consultation on its approach to the treatment of branches of international banks operating in the UK (CP11/24). Among the proposals is a…
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/ Business Organizations, Finance & Banking, International Law & Trade
In this week’s edition, we discuss the Swiss Government’s rejection of a landmark ruling that the country had violated the human rights of a group of its citizens by failing to take adequate action on climate change; a report…
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/ Environmental Law, International Law & Trade
The UK’s Financial Conduct Authority ("FCA") Sustainability Disclosure Requirements and investment labels regime ("SDR") was originally scheduled to come into force from 2 December 2024. In order to allow firms to deal with the…
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/ Environmental Law, Finance & Banking, Securities Law
As we reported in June, the Supreme Court handed down a decision in Cantero v. Bank of America on bank pre-emption matters that remanded cases decided by three different Circuit Courts, finding that the courts did not apply the…
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/ Commercial Law & Contracts, Conflict of Laws, Consumer Protection, Finance & Banking
The following article is part three of our series on the 2022 Amendments to the UCC. Please read the first two articles for context. I am going to get right to the point here – the reason that the definition of money has been…
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/ Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law
As many already know, I recently returned to the office after taking parental leave to be home with my baby girl. In my first Fund Finance Friday article since returning from leave, I would like to take this opportunity to…
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/ Law Practice Products & Services
The following article is part two of our series on the 2022 Amendments to the UCC. Please read the first article for context. The discussion below is divided such that the first section discusses the edits made in the 2022…
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/ Commercial Law & Contracts, Consumer Protection, Finance & Banking, Securities Law
On September 10, 2024, the U.S. Court of Appeals for the Third Circuit held in In re The Hertz Corporation that unsecured creditors of a solvent debtor are entitled to receive the contractual rate of interest, rather than…
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/ Bankruptcy, Business Organizations, Commercial Law & Contracts
