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Appeals › Credit Default Swaps

Dechert LLP

So, ISDA Counterparties Don’t Have to Deal in Good Faith, or Do They?

Dechert LLP on

The implied contractual duty of good faith and fair dealing is well enshrined in the common law, including in New York and every jurisdiction in the U.S. Since, by its nature, however, the duty is not susceptible of precise...more

Patterson Belknap Webb & Tyler LLP

First Department Confirms Hedge Funds Did Not Act in Bad Faith and Affirms Multi-Million Dollar Judgment Against CDS Counterpart

Patterson Belknap Webb & Tyler LLP on

In Good Hill Master Fund L.P. v. Deutsche Bank AG, No. 600858/10-2188B, 2017 BL 19363 (App. Div. 1st Dep’t Jan. 24, 2017), the First Department unanimously affirmed a judgment entered in the Commercial Division of over $90...more

Foley & Lardner LLP

Failure to Disclose Known Trends or Uncertainties in Public Filings May Create Liability Under Section 10(b)

Foley & Lardner LLP on

On January 12, 2015, the U.S. Court of Appeals for the Second Circuit held in Stratte-McClure v. Morgan Stanley that a failure to make a required disclosure under Item 303 of Regulation S-K in a Quarterly Report on Form 10-Q...more

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