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McDermott Will & Emery

Credit Conditions | June 2024

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Welcome to this edition of Credit Conditions, a quarterly publication from McDermott Will & Emery that analyzes recent debt market trends. Key Debt Market Trends - Interest Rates - “Start your engines” has shifted to...more

J.S. Held

Lending Climate in America – 2nd Quarter 2024 Survey

J.S. Held on

With inflation continuing to impact the US economy, lenders are focused on the economic impact of elevated interest rates. Lenders’ expectations for the US economy’s performance in the longer term – beyond the next six months...more

Sheppard Mullin Richter & Hampton LLP

Massachusetts AG Forces Fintech from State as Part of “True Lender” Settlement

On May 21, the Massachusetts Attorney General entered into an Assurance of Discontinuance (“AOD”) with a California-based fintech alleging that it was the “true lender” of its consumer installment loans. Under the terms of...more

Bennett Jones LLP

An Update on Criminal Interest Rate Amendments in Canada

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On April 16, 2024, the Deputy Prime Minister and Finance Minister presented the Canadian Government’s 2024 budget. The government reiterated that it was “reinforcing its efforts to crack down on predatory lending, and moving...more

Orrick, Herrington & Sutcliffe LLP

CFPB reports three findings on the relationship between discount points and interest rates

On April 5, the CFPB issued a report on the relationship between trends in discount points and interest rates. The report used HMDA data between Q1 of 2019 and Q3 of 2023 when interest rates were at “record-highs” and before...more

Orrick, Herrington & Sutcliffe LLP

CFPB reports larger banks charge higher interest rates on credit cards than smaller banks

On February 16, the CFPB published the results of a report that found, on average, larger banks charged higher credit card interest rates than smaller banks and credit unions. The CFPB’s data suggested larger banks charge...more

J.S. Held

Lending Climate in America – 4th Quarter 2023 Survey

J.S. Held on

Interest rates and inflation have been the big drivers of the US economy as of late, but lenders are increasingly optimistic for 2024, despite some challenges. Lenders foresee interest rate declines beginning in 2024 – with...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for...

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Providers of consumer financial services that rely on federal preemption to charge customers uniform interest rates and fees on a nationwide basis are currently facing a series of legislative and litigation challenges. In...more

Orrick, Herrington & Sutcliffe LLP

Basel Committee publishes report on recalibration of shocks for interest rate risk

On December 12, the Basel Committee released a report on the “Recalibration of shocks for interest rate risk in the banking book,” as an adjustment to the Committee’s 2016 commitment to recalibrate the interest rate shock...more

ArentFox Schiff

The End of LIBOR: Hotel California Edition (Part I)

ArentFox Schiff on

Although July 3 was the first business day on which no USD LIBOR was published, many financial instruments will not reset until the next reset date, based upon the tenor of each instruments’ underlying benchmark, which could...more

Blake, Cassels & Graydon LLP

Énoncé économique de l’automne : Nouveautés concernant le système bancaire ouvert et la charte hypothécaire canadienne

Le 21 novembre 2023, le gouvernement fédéral a publié son Énoncé économique de l’automne 2023 (l’« ÉÉA »), dans lequel il présente son plan d’action pour l’économie ainsi que des mesures législatives à venir. L’ÉÉA décrit...more

Blake, Cassels & Graydon LLP

Key Updates: Open Banking and Canadian Mortgage Charter in Fall Economic Statement

On November 21, 2023, the federal government released the 2023 Fall Economic Statement (FES), outlining its economic plan and next legislative steps. The FES sets out several key legislative and regulatory initiatives...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks Episode 12: Canvassing the Global Debt Capital Markets with J.P. Morgan’s Kevin Foley

Welcome to Season Two of Private Market Talks. We start this season with a conversation with Kevin Foley, Global Head of Debt Capital Markets for J.P. Morgan, the world’s largest bank. J.P. Morgan is a major player across the...more

Sullivan & Worcester

Drawing the line – Where are we now on USD LIBOR transition in the trade finance sector?

Sullivan & Worcester on

Jacqueline Cook, Of Counsel and Larissa Head, Trainee Solicitor, provide an update on the transition away from USD LIBOR with the deadline of 30 June 2023 upon us. What do market participants in the trade finance industry...more

Williams Mullen

[Webinar] M&A Series: LIBOR Y2K: Implications of the End of LIBOR on your Transactions and Rates - February 21st, 11:00 am - 11:30...

Williams Mullen on

...join us for the next installment of our M&A Webinar Series, in which Matt Cheek, the chair of our Banking & Finance practice, will provide attendees with a high level overview of the history of the LIBOR floating rate, the...more

Ballard Spahr LLP

Higher Rates, Tighter Money, Greater Distress: The Impact of the Fed's Latest Moves

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The Federal Reserve raised interest rates on Wednesday by 25 basis points, marking the eighth hike in a year, bringing the target range to 4.5 to 4.75 percent. Rates were near zero a year ago. Chair Jerome Powell also...more

Nutter McClennen & Fish LLP

Nutter Bank Report: December 2022

The Federal Reserve has adopted a final rule that provides benchmark replacement rates based on SOFR (Secured Overnight Financing Rate) for contracts governed by U.S. law that reference the overnight and one-, three-, six-,...more

Hogan Lovells

Eliminación de la Tasa de Interés Interbancaria de Equilibrio (TIIE) a plazos de 28, 91 y 182 días

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El Banco de México emitió un comunicado en el que anuncia que prohibirá a las entidades financieras el uso de tasas de interés de referencia para plazos mayores a 1 día hábil bancario a partir de 2024....more

Hogan Lovells

Lenders beware – 48 is the new 60

Hogan Lovells on

For the first time after four decades since the enactment of the Money Lenders Ordinance (Cap. 163) (the "MLO") in 1980, the Legislative Council ("LegCo") has yesterday passed a resolution to amend and lower the two interest...more

Ballard Spahr LLP

California Dept. of Financial Protection and Innovation Responds to OppFi’s Attempt to Block ‘True Lender’ Challenge to Loans Made...

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The California Department of Financial Protection and Innovation (DFPI) has filed its opposition to Opportunity Financial, LLC’s (OppFi) Demurrer to the DFPI’s cross-complaint. In the Demurrer, OppFi asks the California trial...more

Allen Matkins

Court: OTC Company Has The Capacity To Protect Its Own Interests

Allen Matkins on

Notably, California has a constitutional limitation on interest rates (Cal. Const. Art. XV, Section 1).   Section 25118 exempts certain evidences of indebtedness that meet specified conditions.  One of these conditions is...more

Morgan Lewis

President Biden Signs Federal LIBOR Transition Legislation into Law

Morgan Lewis on

President Biden on March 15 signed into law the Adjustable Interest Rate (LIBOR) Act, which aims to reduce uncertainty regarding the effect of ending LIBOR on existing USD LIBOR transactions, as part of an omnibus spending...more

Goodwin

SEC Proposes Short Sale Disclosure Rule and Reopens Comment Period for Reporting on Securities Loans

Goodwin on

In This Issue. The U.S. Securities and Exchange Commission (SEC) proposed a new rule to increase market transparency regarding short selling and extended the comment period for its proposed rule requiring reporting on...more

Morgan Lewis - All Things FinReg

“Madden Fix” Rules Withstand a Key Test: What Happens Next

More than six years after it was decided, the practical consequences of the US Court of Appeals for the Second Circuit’s Madden v. Midland Funding, LLC decision continue to diminish. The decision—which held that, under some...more

Sheppard Mullin Richter & Hampton LLP

DFPI Issues Consent Order to Auto Title Lender

On December 14, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with an LA-based auto title lender to resolve allegations that the company violated...more

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