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Treasury Report Recommends Certain Municipal Obligations as HQLA

On June 12, the Department of Treasury issued the first report in a series regarding regulation of the financial system. The report recommends that high-grade municipal bonds be categorized as Level...

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Bankruptcy Desk Reference for Equipment Lessors

This white paper is intended to provide an in-depth analysis of the numerous issues affecting an equipment lessor when dealing with a lessee after it has filed for bankruptcy protection, as well as...

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The CFPB’s Final Arbitration Rule: A Deadly Blow to the Class Action Waiver

More than a year after the Consumer Finance Protection Bureau submitted a proposed rule to limit consumer financial services contract arbitration clauses, the CFPB sounded the death knell on July 10,...

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Pro Rata Sharing Provisions in Credit Agreements: What Lenders and Loan...

While many of lender's rights are self-explanatory, a question has arisen as to what it means to amend “pro rata” sharing requirements. Recently, an amendment to NYDJ Apparel, LLC’s credit agreement...

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Direct Purchases of State or Local Obligations by Commercial Banks and Other...

This paper, published by the National Association of Bond Lawyers, identifies various issues that arise in connection with the structuring and negotiation of direct purchase transactions, and explores...

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Basel Committee Proposes Simple, Transparent and Comparable Securitisation...

On July 6, the Basel Committee on Banking Supervision issued two consultative documents entitled “Criteria for Identifying Simple, Transparent and Comparable Short-Term Securitisations” and “Capital...

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DOL to Propose Extension to DOL Fiduciary Rule Transition Period to July 1, 2019

In a court filing on August 9, the Department of Labor notified the court that it recently submitted proposed amendments to the three exemptions to its fiduciary rule to the Office of Management and...

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DOL Issues FAQs for 401(k) Plan Advisors

The Department of Labor recently issued another set of FAQs, focusing on advisors to 401(k) plans. The FAQs generally address two issues. 

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Delaware Court of Chancery Ruling Underscores the Importance of Noting...

The Delaware Court of Chancery recently found that restrictions on the transfer of stock that were not noted on the certificates representing such stock were unenforceable against a stockholder that...

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In Case of First Impression, Illinois Appellate Court Holds That Senior...

Intercreditor agreements are commonly used to define the relative rights of senior and junior lenders, especially should the borrower become distressed or file bankruptcy. Properly defining priorities...

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The Gift Plan: Dead or Alive?

On August 3, the Delaware district court in In re Nuverra Environmental Solutions, Inc. upheld the Delaware bankruptcy court’s confirmation of a so-called “gift” plan, notwithstanding the recent...

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In Delaware, the Gift Plan Is Not Dead Yet

On August 3, 2017, the Delaware district court upheld the Delaware bankruptcy court’s confirmation of a so-called “gift” plan (i.e., a plan in which a secured creditor class “gifts” a portion of its...

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Desk Reference: Post-Financial Crisis Statutory and Regulatory Initiatives...

Keeping track of the regulatory developments affecting asset-backed commercial paper (“ABCP”) conduits and their sponsors is a daunting task. This updated desk reference reviews regulatory and...

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IRS Blesses Stock Dividends from Certain RICs and REITs

On August 11, the IRS issued Rev. Proc. 2017-45 which allows publicly offered real estate investment trusts and regulated investment companies to make stock distributions that will qualify for the...

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Tax Reform Proposals of Interest to Financial Institutions

On November 2, Representative Brady released the “Tax Cuts and Jobs Act.” On November 9, the Senate Finance Committee released a “Description of the Chairman’s Mark of the ‘Tax Cuts and Jobs Act.’”...

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Why the Assignability of Intellectual Property Licenses in Bankruptcy Might...

In an effort to provide insight into questions about the ability to assume, or assume and assign, intellectual property licenses through the bankruptcy process, Chapman attorney Peter Bach-y-Rita...

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Excise Tax on Compensation Paid by Exempts Under Pending Tax Bill

Both the House and Senate versions of the Tax Cuts and Jobs Act include a new provision that would impose an excise tax on the compensation paid by certain exempt organizations, including certain...

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Excise Tax on Compensation Paid by Tax-Exempt Organizations Under Pending Tax...

Both the House and Senate versions of the Tax Cuts and Jobs Act include a new provision that would impose an excise tax on the compensation paid by certain tax-exempt organizations if the compensation...

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Diamonds Really Are Forever: Illinois Bankruptcy Court Concludes That Wedding...

An Illinois Bankruptcy Court held that a wedding or engagement ring worn by a man or woman, still married to the same person as when the ring was tendered before or during a wedding ceremony,...

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Senior Lender Considerations in Respect of Representation and Warranty...

This article addresses the benefits to a senior secured lender of Representations and Warranties Insurance, and certain considerations financial institutions should make in documenting a middle market...

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