News & Analysis as of

Financial Crisis

Kohn, Kohn & Colapinto LLP

Emergency Congressional Action Needed to Save CFTC Whistleblower Program

In 2021, Congress passed an emergency measure to save the U.S. Commodity Futures Trading Commission (CFTC) Whistleblower Program from financial collapse. This measure is set to expire at the end of September, threatening to...more

Troutman Pepper

Connecticut AG Adds Independent Enforcement Authority for Dodd-Frank Actions

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A new Connecticut law expands the authority of the state’s attorney general to enforce certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act)....more

Mayer Brown

UK Court Of Appeal Overturns Judgment In Latest Italian Swaps Decision Concerning Corporate Capacity

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In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022 in the case of Banca Intesa Sanpaolo and Dexia v Comune di Venezia. In...more

Harris Beach PLLC

Bank Term Funding Program to Expire on March 11

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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

Cornerstone Research

A look at recent events in the banking industry, including what is new and what is familiar.

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Recent Events in the Banking Industry - Developments in 2023 surrounding various financial institutions, including failures and a government-led merger, combined with changing macroeconomic conditions, have created...more

Skadden, Arps, Slate, Meagher & Flom LLP

DORA – Key Considerations for Alternative Investment Funds

The EU Digital Operational Resilience Act (Regulation (EU) 2022/2554) (DORA) creates a regulatory framework intended to enhance the operational resilience of the financial sector by establishing uniform requirements for the...more

ArentFox Schiff

Avoiding Collateral Damage: Whose Pledged Assets are They Anyways?

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The practice of repledging (sometimes referred to as “rehypothecation”) is utilized in, among others, loan, swap, and brokerage transactions. In connection with troubled financing institutions, it may be a classic example of...more

Venable LLP

All Things Seen and Unseen: Bank Supervision and Enforcement After the Spring 2023 Bank Failures

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Besides being a shock to the market, the 2023 bank failures caused many to ask whether the federal banking agencies had done enough to prevent them. Precisely what the agencies should have done, or should do moving forward,...more

WilmerHale

Breaking (Down) the Debt Ceiling

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Since 1960, Congress has raised, revised or extended the statutory debt ceiling 79 times. The United States reached its debt ceiling in January 2023, prompting a congressional showdown and sparking fears of extreme market...more

Cooley LLP

Could AI trigger a financial crisis?

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In remarks on Monday to the National Press Club, SEC Chair Gary Gensler, after first displaying his math chops—can you decipher “the math is nonlinear and hyper-dimensional, from thousands to potentially billions of...more

Goodwin

Debt Download - June 2023

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Welcome to Debt Download, Goodwin’s monthly newsletter covering what you need to know in the leveraged finance market. We hope you are enjoying some early summer weather and (if you live in the Northeast) are breathing...more

Latham & Watkins LLP

Global Regulators React to Banking Sector Turbulence

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The spring of 2023 saw more dislocation in the global financial sector than any time since the 2008-09 financial crisis. In the US, banking institutions with over $500 billion in total assets failed, and other banks that were...more

Kilpatrick

Regulators Offer Candid Assessment of the Root Causes for SVB and Signature Failures

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A toxic combination of poor risk management and poor regulatory supervision proved fatal for Silicon Valley Bank (“SVB”) and Signature Bank (“Signature”), according to a series of reports released on April 28, 2023 by federal...more

McDermott Will & Emery

Of Digital Interest Quarterly Roundup | Q1 2023

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McDermott’s digital health team continually monitors legal developments affecting all aspects of the remote delivery of care. This inaugural issue of our Of Digital Interest Quarterly Roundup highlights key issues and trends...more

Goodwin

Five Takeaways on the Future of Real Estate

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Our annual Real Estate Capital Markets (RECM) conference, which we co-host with Columbia Business School, brings together thought leaders from across the real estate ecosystem to talk about forces shaping the sector and...more

Spilman Thomas & Battle, PLLC

FDIC and Deposit Limits – Where Do Things Stand Now

The Federal Deposit Insurance Corporation (“FDIC”) guarantees bank deposits of up to $250,000. Following the failure of two banks in recent weeks, regulators created some confusion among the industry and the public when they...more

Spilman Thomas & Battle, PLLC

Promissory Notes - Banking & Finance Insights: V 3, Issue 3, March 2023

Now is the Time to Guard Against Reckless Banking Legislation - “Only a structural change to the way Congress acts on financial regulation will prevent future losses.” Why this is important: An old adage is that...more

Spilman Thomas & Battle, PLLC

Another Banking Crisis and Financial Regulation – Where Do Things Stand

An old adage is that history will repeat itself. In other words, all of this has happened before, and it will all happen again. Another banking crisis is upon us following the familiar cycle of financial deregulation. The...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Cozen O'Connor

Cozen Currents - The Banking Crisis: What Happens Next?

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The Cozen Lens- •As the dust settles on the most serious banking crisis since 2008, lawmakers and regulators are eying the policies, as well as the politics, necessary to restore stability to the banking system... ...more

Dechert LLP

New York Court Upholds Alternative Valuation Method for CDS Terminated During the 2008 Financial Crisis

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As market participants debate whether the recent bank shutdowns and the government-sponsored sale of Credit Suisse may be a precursor for another “Lehman Moment,” we are reminded of yet unresolved issues that followed the...more

BCLP

Part one: Improving liquidity for Asian real estate investors

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Three years after the outbreak of COVID-19, restrictions have finally eased in Asia. However, investors in the region are still feeling its effects as well as headwinds caused by higher interest rates, rising inflation,...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Introduction to the Unique Issues in Bank Holding Company Bankruptcies

On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the...more

Goodwin

The U.S. Government Takes Action on the Silicon Valley Bank and Signature Bank Failures

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Regulatory Developments - The U.S. Government Takes Action on the Silicon Valley Bank and Signature Bank Failures - On March 12, the FDIC, the Federal Reserve, and the U.S. Treasury Department announced that the U.S....more

Perkins Coie

Distressed Bank Update as of March 16, 2023

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In the three days since federal authorities announced sweeping measures to protect depositors of Silicon Valley Bank (SVB) and Signature Bank and help prevent additional bank failures (as discussed in our update of March 12,...more

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