Dechert LLP

UK Votes To Leave The EU: What Does it Mean for Asset Managers?

The voters have spoken. Britain will (absent any new deals) leave the EU. Under the EU Treaty, the exit process should take at least two years. During this two-year period, UK-based asset management entities, including UK…more
| Elections & Politics, Finance & Banking, International Law & Trade, Securities Law

Financial Stability Board Issues Proposed Recommendations to Address Perceived Structural Vulnerabilities in the Asset Management Sector

The Financial Stability Board (FSB), which was established by the G-20 in response to the 2008 financial crisis, on June 22, 2016 issued proposed specific recommendations to address certain perceived threats that the asset…more
| Finance & Banking, Securities Law

CREFC Annual Conference 2016: Headwinds or Head First Into the Wall?

The slow start to 2016 did not dampen the enthusiasm at CREFC’s Annual Conference, held last week in New York City. The conference saw record attendance, with standing-room-only crowds at virtually every panel. As with the…more
| Finance & Banking, Real Estate - Commercial, Securities Law

SEC Staff Issues No-Action Relief on Auditor Independence and the “Loan Provision”

The U.S. Securities and Exchange Commission’s Division of Investment Management (the “SEC Staff”) last night issued a no-action letter (the “Relief”) to Fidelity Management and Research Company that provides guidance to…more
| Business Organizations, Securities Law

Supreme Court Strikes Down Puerto Rico’s Local Restructuring Law

In a 5-2 decision, the Supreme Court of the United States in Commonwealth of Puerto Rico et al. v. Franklin California Tax-Free Trust et al., 579 U.S. ___ (2016), rejected the Puerto Rico Public Corporation Debt Enforcement and…more
| Bankruptcy, Conflict of Laws, Finance & Banking

Proposed U.S. Federal Reserve Board Rule’s Impact on Buy-Side Remedies in QFCs with Global Systemically Important Banking Organizations and their Affiliates

The Board of Governors of the U.S. Federal Reserve System (Board) recently proposed a rule (Proposed Rule) that will impact parties to any “qualified financial contract” (QFC), as described below, with a global systemically…more
| Finance & Banking, International Law & Trade

SEC Charges Private Equity Adviser for Unregistered Brokerage Activity

The U.S. Securities and Exchange Commission (SEC) on June 1, 2016 announced a settled enforcement action against a private equity fund manager (Adviser) for acting as a broker-dealer without registering. The case is significant…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law

Things Are Not Always What They Appear in UK Commercial Contracts

Anti-oral variation clauses do not prohibit oral variation. The Court of Appeal in Globe Motors Inc v TRW Lucas Variety Electric Steering Ltd (“Globe Motors”) recently provided much overdue clarification on the…more
| Commercial Law & Contracts, International Law & Trade

The Strange Death of the Modern Financial System

With apologies to George Dangerfield, who published The Strange Death of Liberal England in 1935 chronicling the collapse of the British Liberal Party prior to World War I, I’m borrowing his title for this commentary. Okay,…more
| Elections & Politics, Finance & Banking

United States to Receive $38 billion RFQII Quota for Investments in China

The quota allocation – the first of its kind awarded to the United States – was announced on June 7, 2016 by Yi Gang, Deputy Governor of the People’s Bank of China, the country’s central bank. This represents an apparent effort…more
| Finance & Banking, International Law & Trade, Securities Law

Déjà Vu All Over Again – FINRA Takes Another Look at Mutual Fund Sales Charge Waivers

The Financial Industry Regulatory Authority is once again taking a close look at member firm mutual fund sales practices and sales charge waivers (Mutual Fund Waiver Sweep) in the U.S. FINRA’s target exam letter seeks…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

The Continuing EU Risk Retention Saga

After many ups and downs, one might have thought that EU risk retention was done and dusted, but it looks like there may be a few more twists and turns. On 6 June 2016, the draft Legislative Resolution from the Rapporteur…more
| Finance & Banking, Securities Law

Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking, International Law & Trade

Changes to EU Privacy Law: the General Data Protection Regulation

On 27 April 2016, following a prolonged legislative process over some four years, the European Council and Parliament finally adopted a new data protection law: the General Data Protection Regulation (GDPR). The GDPR was first…more
| Commercial Law & Contracts, Communications & Media Law, Elections & Politics, International Law & Trade, Privacy

Risk Retention: It’s the Fourth Quarter and the Home Team is Getting Glum

We thought it would be useful to give a quick, interim update on the slow-motion train wreck that is our industry’s response to the upcoming effectiveness of the Risk Retention Rule. For those of you who have been blessedly…more
| Finance & Banking, Securities Law
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Contact

Circa Centre, 2929 Arch Street
Philadelphia, PA 19104, United States

Contact: Beth Huffman

  • 215 994 4000
  • 215 994 2222

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
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Other U.S. Locations
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800+ Attorneys

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