Financing

News & Analysis as of

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or...

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a...more

Trends in Legal Terms in Venture Financings in Israel - First Half 2015

Background —We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during H1 2015. Our survey does not include financing rounds of less than US...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

US Equipment Leasing and Finance Legal Update – January 2016

Welcome to the inaugural issue of JMBM’s US Equipment Leasing and Finance Legal Update. My goal is to alert our clients and friends of legal developments that may affect their equipment leasing and finance transactions in the...more

Financing in the Craft Brewing Industry

Many home brewers dream of someday selling their production on a larger scale. A brewery is an extremely capital intensive business. Unless one is lucky enough to have a large personal fortune, the hopeful brewer will...more

US Commerce and Treasury Departments Further Ease Restrictions Against Cuba

The U.S. Commerce and Treasury Departments announced on January 26, 2016, actions to ease certain restrictions on transactions involving Cuba. The new actions do not significantly expand the types of activities in which U.S....more

A Two-Tier Market Emerges in European Leveraged Loans

We have already commented on the strong growth of the covenant-lite market in Europe for leveraged loans. The combination of a supply/demand imbalance in European leveraged loans — too little supply and much investor demand —...more

"European Commission's New Initiative Aims to Promote Access to Capital Markets"

In early 2015, the European Commission (Commission) launched the Capital Markets Union (CMU), one of its flagship initiatives, to address its perception that capital markets-based financing in the European Union could be...more

New PPP Mechanisms in Russia

Until recently, Federal Law No. 115-FZ “On Concession Agreements dated 21 July 2005 (the "Concession Law") was the main legislative act in Russia governing the procedure for the implementation of public-private partnership...more

SFT Regulation Comes into Force on January 12, 2016

On January 12, the Regulation on Reporting and Transparency of Securities Financing Transactions will come into force (“the SFT Regulation”). Securities financing transactions (“SFTs”) allow market participants to access...more

The 2015 Paris Agreement on Climate Change

On 12 December 2015, nearly 200 countries reached an agreement that many have described as a historic turning point for global cooperation in addressing climate change. This article looks at the key elements of the Paris...more

Marathon Structured Finance Fund, LP v. Paramount Pictures Corp. - USCA, Second Circuit, December 14, 2015

Second Circuit affirms dismissal of fraud claims against Paramount Pictures, finding that defendant has always used wide mix of co-financing strategies in release of its motion pictures, and plaintiffs, who are sophisticated...more

Paris Agreement on Climate Change Boosts Clean Energy Innovation and Finance

On December 12, 2015, 195 countries came together in Paris to adopt a landmark climate change deal. The Paris Agreement creates, for the first time, a long-term global framework that commits nearly every country to reducing...more

Saudi Arabia Update - December 2015

Legal Developments - MoCI warns unlicensed real estate valuators - The MoCI warned practitioners of real estate valuation from carrying on their profession without obtaining a temporary membership from the Saudi...more

Council endorses SRF financing arrangements

The Council has endorsed public bridge financing arrangements for the single resolution fund (SRF) in its Economic and Financial Affairs Council (ECOFIN)....more

CMBS 2.0 – the Lyrical Dancer

Given that it is coming up to a year since I posted a blog (CMBS – it’s time to dance to the beat!) in which I surmised that “I don’t just want to see CMBS hit the dance floor – I want to see it win a contest!”, now would...more

FSRUs: Looking back at the Evolution of the FSRU Market

The growth of the floating storage and regasification unit (FSRU) market has been exponential over the past decade. The birth of the industry can be traced back to mid-2001, when El Paso contracted with Belgian ship-owner...more

Investment in the Power Sector in Emerging Markets

Power generation financing comes with risks, but finding ways to mitigate these risks provides opportunities for rewards. As the world's energy dynamic is changing in response to powerful economic, security of supply,...more

Blog: What You Need to Know About Down Round Financings

What is a Down Round? A “down round” is a financing in which a company sells shares of its capital stock at a price per share that is less than the price per share it sold shares for in an earlier financing....more

Colorado Supreme Court Ruling That Litigation Financing is a Loan Could Have Broader Reach

The Colorado Supreme Court has ruled that two litigation financing programs are non-recourse “loans,” not purchases, and therefore subject to licensing and other requirements of the state’s Uniform Consumer Credit Code...more

Update on Proposed Amendments to the Borrower Defense to Repayment Rule

The U.S. Department of Education (“USDE”) is continuing to move forward with issuing new regulations regarding the “Borrower Defense to Repayment Rule” (“BDRR”). The BDRR concerns the ability of a Direct Loan borrower to seek...more

What Success Means For COP21

If you want to know what how a rational optimist defines success for COP21, take a look at Rob Stavins’s latest post. Here’s his “Paris Scorecard” for what success will look like...more

Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants....more

Healthcare & Life Sciences Private Equity Deal Tracker: Atreca Secures $56 Million in Funding

Atreca has announced it has secured $56 million in series A funding. Atreca, based in Redwood City, California, is a privately held biotechnology company developing therapeutics drawn from human immune responses,...more

Foley Hoag Climate Update: November 2015

Only five weeks ahead of COP21, the Ad Hoc Working group on the Durban Platform for Enhanced Action (ADP) – the subsidiary body of the UNFCCC – held its 11th Part of its 2nd Session in Bonn, Germany, from 19th until 23rd...more

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