News & Analysis as of

Due Diligence Underwriting

Goodwin

5 Essential Tips for Tailoring Your Diligence Plan to Secure R&W Insurance in Manufacturing Deals

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It is no secret that a representations and warranties (R&W) insurer’s underwriting focus is informed by industry-specific risks and claims experience. For manufacturing businesses, aligning the buyer’s diligence plan and the...more

Cadwalader, Wickersham & Taft LLP

Summertime Reflections July 2023 - Industry Conversations’ — Ares Management's Eli Appelbaum and Richard Sehayek

FFF: There is a lot of discussion around the growth of the fund finance market, and it is fair to say that the market has grown significantly, particularly in the PE NAV space – both in terms of participants and structures....more

Cadwalader, Wickersham & Taft LLP

Miami Musings February 2023 | Issue No. 211 - Fund Finance Symposium Panel Recap: Governance, Underwriting and Due Diligence

The panel on governance, underwriting and due diligence featured seasoned bankers Gino De Bernardo (Comerica), Mike Henry (US Bank) and Guy Simpson (Bridge Bank), experienced lawyers Anthony Pirraglia (Loeb & Loeb) and Joe...more

Womble Bond Dickinson

M&A Trends in the Opportunity Economy

Womble Bond Dickinson on

Takeaways: ..The M&A market is at a record pace in 2021, with a variety of factors (a thriving stock market, available debt, vaccines fueling a pandemic recovery, low interest rates, etc.) driving this growth. ...more

Buchalter

Buchalter COVID-19 Client Alert: Entrapment-by-Estoppel: A Potential Future Defense for Lenders in PPP Fraud Cases

Buchalter on

The past decade has taught lenders much about regulatory enforcement risk. In the fallout of the 2008 financial crisis and collapse of the housing and related markets, the Department of Justice and other agencies...more

Alston & Bird

Structured Finance Spectrum – July 2020

Alston & Bird on

Diverse talents bring diverse ideas. Read our Structured Finance Spectrum for the latest on what’s happening in the structured finance markets in the U.S. and UK. ...more

White & Case LLP

COVID-19 and your deal: Considerations for underwriters in the COVID-19 environment

White & Case LLP on

COVID-19 presents novel issues for underwriters, who are grappling with the need to support their clients accessing funding and also maintain disclosure standards and manage their risk when the typical tools that they use to...more

White and Williams LLP

Direct Listings: Capital Liquidity, Liability and D&O Insurance Coverage Considerations

White and Williams LLP on

Direct listings have been a hot topic in the news lately, particularly in light of the recent submission of proposals to the U.S. Securities and Exchange Commission (SEC) by the New York Stock Exchange (NYSE) (and indications...more

King & Spalding

Financial Services Summit

King & Spalding on

The panels were moderated by partners Sally Yates from the firm’s Atlanta office and Michael Urschel from the firm’s New York office. Following the panels, the firm hosted a networking reception. ...more

Manatt, Phelps & Phillips, LLP

SEC Municipal Securities Conference Highlights Emerging Trends in Disclosure

Editor’s Note: Tax-exempt bond financing remains a staple of hospitals’ and health systems’ access to capital for financing capital improvements. The Security and Exchange Commission’s (SEC’s) disclosure regime, and in...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

Foley & Lardner LLP

Part 2: Shelf Registration Extended Offering Period

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Our first post in this series examined the regulatory and contractual considerations for municipal securities issuers and conduit borrowers using shelf registration. Now we examine the equally important considerations for...more

Blake, Cassels & Graydon LLP

At-the-Market Offerings by Canadian Issuers

Recent capital markets conditions have made at-the-market (ATM) offerings an attractive alternative to traditional follow-on equity offerings. ATM offerings reduce execution risk by permitting equity to be sold into the...more

McGuireWoods LLP

Healthcare Regulatory Diligence: “What Does it Mean to Financial Underwriting?”

McGuireWoods LLP on

It’s deal time! The 2016 JP Morgan Healthcare Conference has set the tone for another successful year for healthcare investing. A company’s financial health is a key factor in the underwriting process for any type of loan...more

Mintz

EB-5 Due Diligence Matters

Mintz on

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

Ballard Spahr LLP

SEC Announces Second Wave of MCDC Enforcement Actions

Ballard Spahr LLP on

The Securities and Exchange Commission (SEC) this week announced enforcement actions under its Municipalities Continuing Disclosure Cooperation (MCDC) Initiative, targeting 22 municipal bond underwriting firms for alleged due...more

Cooley LLP

Why You Can’t Afford To Be Disorganized

Cooley LLP on

Investors, buyers and underwriters all insist on doing pre-transaction diligence to ensure that you have copies of all of your key documents and to assess whether these documents contain any unusual provisions. ...more

Bennett Jones LLP

IIROC Proposes Guidance for Underwriting Due Diligence

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The Investment Industry Regulatory Organization of Canada (IIROC) published proposed guidance on March 6, 2014, setting forth nine key principles for underwriting due diligence....more

Orrick - Finance 20/20

Prudential Sues Bank of America Over $2 Billion in RMBS

Orrick - Finance 20/20 on

On March 14, several Prudential entities filed suit in the United States District Court for the District of New Jersey against several Bank of America and Merrill Lynch entities in connection with Prudential’s investments in...more

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