News & Analysis as of

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

Cross Border Financing Report 2015, UK

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is a not a bank? No licences or approvals...more

Cross Border Financing Report 2015, Hong Kong

Section 1 – Bank licences - 1.1 What licences or approvals do lenders need to have if lending to a borrower in this jurisdiction if a) the lender is a bank or b) the lender is not a bank? Under the Money Lenders...more

Little Used House Procedure Saves the Ex-Im Bank

Who would have guessed that congressional supporters of the Export-Import Bank (Ex-Im) would have used a House procedure established over 100 years ago, and not used successfully since 2002, to save the Ex-Im Bank?...more

Government Contract: How Can a Subcontractor Get Paid?

G4S Technology LLC v. US, 779 F.3d 1337 (Fed. Cir. 2015) – A subcontractor worked on construction of wireless broadband networks for rural communities that was funded in part by a loan to the prime contractor from a US...more

10 Things to Know About the UK Ratification of the Cape Town Convention

Whether you are an airline, lessor or financier in the aviation sector, the UK ratification of the Cape Town Convention, which entered into force on 1 November 2015, will impact the way in which transactions are carried out...more

European Parliament Adopts SFT Regulation

On October 29, 2015, the European Commission published a press release announcing that the European Parliament has adopted the proposed Regulation on reporting and transparency of securities financing transactions (the “SFT...more

SEC Proposes to Ease Intrastate Offering Exemption to Facilitate Crowdfunding

The SEC has proposed amendments to Rule 147 under the Securities Act of 1933, which currently provides a safe harbor for compliance with the Section 3(a)(11) exemption from registration for intrastate securities offerings....more

New Flexibility for Joint Ventures Using Tax-Exempt Bond-Financed Property

On October 26, 2015, the IRS released final regulations under Sections 141 and 145 of the Internal Revenue Code concerning the use of property financed with tax-exempt bond proceeds. The bulk of the new regulations fill a...more

Energy & Environment Update - October 2015 #4

Energy and Climate Debate - Following a busy week for the Obama Administration during which it held several energy and climate events in anticipation of the international climate negotiations at the end of the year in...more

Commission publishes long-term finance responses

The Commission has published the responses to its consultation on the possible impact of the Capital Requirements Regulation (CRR) and Fourth Capital Requirements Directive (CRD4) on bank financing of the economy (see FReD 17...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

The Small IPO

There have been any number of economic analyses demonstrating that the public markets remain inhospitable to smaller IPOs and blog posts (many, ours) lamenting the absence of smaller IPOs. Recently, in preparing for a...more

2015 Cleantech Energy Storage Finance Forum: The Immediate and Long Term Prospects for Storage Technology

On Wednesday, September 23, the Northeast Electrochemical Energy Storage Cluster and North Shore InnoVentures co-hosted the 2015 Clean Energy Storage Finance Forum at the Massachusetts Clean Energy Center (MassCEC). The event...more

AASHTO Launches BATIC Institute to Support Innovative Financing Solutions

Last month, the United States Department of Transportation (USDOT) formally unveiled its Build America Transportation Investment Center (BATIC). BATIC’s mission is to: - Expand the use of federal transportation credit...more

EP updates on securities reporting and transparency

EP has updated its procedure file on the proposed Regulation on reporting and transparency of securities financing transactions....more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Finance Gap for Innovation Deployment (Part 4 of 6)

The Problem: Finance Gap for Innovation Deployment - The last decade has seen tremendous innovations in cleantech that have not only brought new products, but also a fall in prices to consumers. For example, the average...more

Energy & Environment Update - October 2015 #2

Energy and Climate Debate - Congress is in recess this week for the Columbus Day holiday, but will return next week with full schedules in both chambers. The House will focus heavily on the leadership race to...more

Senate Passes "Circuit-Breaker" Greenfields Negotiations Amendments

The Senate yesterday passed amendments to the Fair Work Amendment Bill 2014 (Bill) that, if accepted by the Government in the House of Representatives, will establish a new process for negotiating single-enterprise...more

European Commission Launches Capital Markets Union Action Plan

On September 30, the European Commission (EC) launched the Capital Markets Union (CMU) Action Plan as the initial blueprint to help build a single market for capital within the European Union. The intention of the CMU is to...more

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