News & Analysis as of


Certain Financing Considerations When Investing in Ground Leased or Net Leased Real Estate

This note briefly looks at an issue that continually arises in connection with the financing of ground leases (as well as long-term triple net leases generally), of which any real estate fund looking to invest in such...more

DOL Enters into Another Settlement Agreement with ESOP Trustee

by Holland & Knight LLP on

• The U.S. Department of Labor (DOL) closed out 2017 by entering into yet another settlement agreement with the trustee of an employee stock ownership plan (ESOP). • The latest agreement (the Alpha Agreement) requires...more

Community Choice Aggregators in California: Key Considerations for Financing CCA PPAs

by Latham & Watkins LLP on

Financing energy projects that have entered into PPAs with CCAs presents unique challenges for lenders and investors. Key Points: ..In recent years, CCAs have begun supplying energy to a growing number of consumers in...more

U.S. Court Favors Aircraft Financier in Non-Citizen Trust Case

District court case shines a light on the extent and limits of a lender’s duties in both structuring loan transactions and exercising remedies. Borrowers need to be mindful in structuring the tax and cross-border aspects...more

Summary of Amendments to Construction Lien Act

by Dickinson Wright on

In December 2017, the Ontario Legislature passed the Construction Lien Amendment Act, 2017 (the "Act"). The Act introduces significant changes to Ontario’s construction lien regime and is intended to reduce delays in...more

US Capital Markets Expected to Remain Robust in 2018

The U.S. high-yield and investment-grade debt markets saw significant increases in 2017 over 2016 in dollar volume and number of issuances. The U.S. equity indices reached new highs throughout the year, with the Standard &...more

Client Alert: Managing Credit Risk in the Supply Chain

Companies expend substantial resources managing the credit risk of customers, to protect the value of their sales. Many companies, however, do not always apply credit risk analysis to its supply chain, focusing instead on...more

3 Real Estate Trends To Watch In 2018

Orrick’s Michael Haworth recently spoke with Law360 about real estate trends to watch in 2018. Michael noted that "a lot of what's going to drive future investment in the U.S. real estate market is activities in the major...more

Tax Cuts And Jobs Act - Impact On Financing Transactions

The Tax Cuts and Jobs Act (the "Tax Act") was signed into law by President Trump on December 22, 2017. With respect to financing transactions, the relevant changes include the following:...more

US Tax Reform Will Have a Significant Impact on M&A and Financing Transactions

by White & Case LLP on

On December 22, 2017, President Trump signed into law H.R. 1 (introduced as the Tax Cuts and Jobs Act) (the "New Tax Law"). The New Tax Law dramatically alters the US tax landscape and will have a significant impact on...more

Operating Lessor Financings - A Structural Overview

by Vedder Price on

With competition among aircraft lessors remaining fierce, airlines continue to take an increasing proportion of aircraft on operating lease. An important recent trend in the aircraft financing market, the “wholesaling” of...more

Selection Process on Track for Malaysia-Singapore High-Speed Rail Project

by Jones Day on

In what will be the first project of its kind in South East Asia, the governments of Malaysia and Singapore have agreed to collaborate on a high-speed rail project connecting the two nations' capital cities. The bidding...more

HUD rolls back PACE financing in single family FHA deals

by Ballard Spahr LLP on

In July 2016 HUD issued guidance on the use of Property Assessed Clean Energy (PACE) assessments for single family properties with FHA-insured mortgages. In January 2017, HUD followed with guidance on the use of PACE...more

Iowa And Virginia Insurance Regulators Adopt The NAIC’s Term Model Rules Governing Term And Universal Life Insurance Reserve...

by Carlton Fields on

Insurance regulators in Iowa and Virginia have adopted the NAIC’s Model Rules regulating term and universal life insurance reserve financing. The stated purpose of the rules is “to establish uniform, national standards...more

Orrick's Financial Industry Week In Review

CFTC Statement on Self-Certification of Bitcoin Products by CME, CFE and Cantor Exchange - On December 1, 2017, the Commodity Futures Trading Commission ("CFTC") issued a Statement on the Self-Certification of Bitcoin...more

Enabling environment needed to grow Kenya’s Islamic finance landscape

by Hogan Lovells on

Last week, Hogan Lovells joined representatives of the private and public sector as well as government officials at the Islamic Finance News Kenya Forum 2017. The event was organised by Red Money Events, in collaboration with...more

Property Assessed Clean Energy (PACE): Will Gruber (Pulaski County) Brownfield Presentation

Harbor Environmental and Pulaski County, Arkansas jointly sponsored a November 15th seminar held in North Little Rock, Arkansas addressing a variety of Arkansas Brownfield issues...more

Re: Attilan Group Ltd – A Cautious Beginning for Rescue Financing in Singapore

by White & Case LLP on

On 8 November 2017, the High Court released its decision in Re Attilan Group Ltd [2017] SGHC 283 (the "Attilan" case). The decision is interesting as it marks the first time the High Court had the opportunity to hear...more

Maritime and offshore restructuring in Singapore: A safe harbour?

by White & Case LLP on

The new laws have made Singapore more attractive for companies looking to restructure, but will it become the jurisdiction of choice for Asian debt restructurings? The maritime and offshore (M&O) sector has endured almost...more

EU Opens Investigation Into UK Tax Scheme for Multinationals

by Bryan Cave on

The EU State aid rules are designed to stop Governments and local authorities giving companies a selective advantage, as doing so would create an unequal playing field. Say for example, a competitor in one country was given a...more

The Sukuk Handbook: A Guide To Structuring Sukuk - Second Edition

by Latham & Watkins LLP on

The development of modern Shari’ah compliant financial products is relatively new, dating back to the early 1970s and the emergence of the first Islamic banks. In recent years, Shari’ah scholars and market participants have...more

Orrick's Financial Industry Week In Review

CFTC’s Division of Market Oversight Extends Time-Limited No-Action Relief for SEFs from Certain Block Trade Requirements - On November 14, 2017, the U.S. Commodity Futures Trading Commission's Division ("CFTC") of Market...more

Impact Finance

Impact Finance—investment with the intention to generate social and environmental impact alongside a financial return—is a large and growing global market. According to the Global Impact Investing Network‘s Annual Impact...more

Who gets the money when crops are sold? The answer is not as straight forward as you may think

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their bank, their...more

PPP Canada Phased Out Pending Launch of Canada Infrastructure Bank

by Nossaman LLP on

The Canadian government is taking a new approach to P3s. By the end of 2017, PPP Canada will have ceased operations, and the Canada Infrastructure Bank (the “CIB”) will be launched....more

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