The U.S. Supreme Court declined to hear an appeal of the Second Circuit Court of Appeals’ ruling in Kirschner v. JP Morgan Chase Bank. Last August, the Second Circuit Court of Appeals held in Kirschner that syndicated term...more
The Federal Reserve’s Bank Term Funding Program (BTFP) will sunset as planned on March 11, ending a program that helped calm the markets after last year’s collapses of Silicon Valley Bank and Signature Bank threatened a...more
In a win for banks and private credit lenders, the U.S. Court of Appeals, Second Circuit recently ruled a $1.8 billion leveraged loan was not a security.
The United States syndicated loan market had been anxiously...more
9/28/2023
/ Amicus Briefs ,
Appeals ,
Banks ,
Chapter 11 ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Hedge Funds ,
Institutional Investors ,
Lenders ,
Leveraged Loans ,
Mutual Funds ,
Reves v Ernst & Young ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC) ,
Syndicated Loans ,
U.S. Treasury
Federal regulators are strongly considering requiring regional and mid-sized banks to issue billions of dollars in long-term debt to guard against more bank failures.
This onerous requirement will be difficult and costly...more
The past week delivered three major shocks to the financial and tech worlds: first, the March 8 failure of Silvergate Bank; second, the sudden, March 10 failure of Silicon Valley Bank (“SVB”); and third, the weekend collapse...more
Let this serve as yet another reminder that the end of the London Interbank Offered Rate (LIBOR) is fast approaching. Time is now running short, as all remaining LIBOR tenors are set to expire on June 30, 2023. With 3+ months...more
Lenders looking to take security interests in digital assets, including cryptocurrency and non-fungible tokens (NFTs), may gain some certainty in the near future.
The Uniform Commercial Code (UCC) sponsoring...more
The strong pace of craft brewery acquisitions seen in recent years will likely reverse course in 2020 due to the economic challenges and uncertainty caused by the ongoing coronavirus pandemic. But despite the impact of...more
4/24/2020
/ Acquisitions ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Business Model ,
Business Operations ,
Business Ownership ,
Business Plans ,
Business Records ,
Business Valuations ,
Coronavirus/COVID-19 ,
Distributors ,
Due Diligence ,
E-Commerce ,
Fair Market Value ,
Intellectual Property Protection ,
Recipes ,
Selling a Business ,
Small Business ,
Small Business Loans ,
Trade Secrets ,
Transactional Attorneys
Reporting companies that seek to raise capital will soon be able to rely on the Regulation A offering exemption, as a result of amendments recently adopted by the Securities and Exchange Commission (SEC). The expansion of...more
The Securities and Exchange Commission (SEC) has adopted new rules that will require public companies to disclose their hedging practices and policies for employees, officers and directors in proxy and information statements...more
1/11/2019
/ Board of Directors ,
Compliance ,
Corporate Officers ,
Disclosure Requirements ,
Dodd-Frank ,
Executive Compensation ,
Hedging ,
Policies and Procedures ,
Proxy Statements ,
Publicly-Traded Companies ,
Regulation S-K ,
Securities and Exchange Commission (SEC)
The Congressionally-mandated amendment aims to ease the disclosure burdens of private companies that grant compensatory stock to employees.
Grants of securities to employees, including stock options, restricted stock and...more
7/26/2018
/ Amended Rules ,
Disclosure Requirements ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Rights ,
Equity Compensation ,
Executive Compensation ,
Foreign Private Issuers ,
Privately Held Corporations ,
Public Comment ,
Qualified Restricted Stock Units (RSUs) ,
Restricted Stocks ,
Rule 701 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
State Securities Regulators ,
Stock Options ,
Threshold Requirements
The Securities and Exchange Commission (SEC) recently approved amendments to the definition of “smaller reporting company” (SRC), which will allow more businesses to take advantage of scaled disclosure requirements in their...more
7/25/2018
/ Accelerated Filers ,
Amended Rules ,
Deregulation ,
Disclosure Requirements ,
Executive Compensation ,
Financial Statements ,
Initial Public Offering (IPO) ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Burden ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Smaller Reporting Companies ,
Stock Float ,
Threshold Requirements