News & Analysis as of

Financing

ArentFox Schiff

Global Perspective on Patenting of AI Technologies

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The rapid advancement of artificial intelligence (AI) technologies is fueling a surge in global patent filings for AI-related innovations, but differences in national patent laws and examination standards for such inventions...more

Hinch Newman LLP

The FTC and Multi-Party Liability

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The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more

Nelson Mullins Riley & Scarborough LLP

From Passive Investment to Activist Shareholder: Litigation Funders Are Now Creating Their Own Dockets

Third-party litigation financing (TPLF) has been a hot topic amongst litigators for a long time. Scarcely, a week goes by without a feature article appearing in a legal publication on the latest trends in litigation financing...more

Cadwalader, Wickersham & Taft LLP

Next Stop: Charlotte October 2024 - Underwriting Secondaries Deals

The market for financing pools of interests in private equity funds and private credit funds continues to sizzle, with new lenders joining the market and competition on pricing leading to a tightening of spreads for the most...more

Mayer Brown

How California’s Climate Disclosure Law Impacts Lenders in Subscription Credit Facilities

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EXECUTIVE SUMMARY - As part of its Climate Accountability Package, California passed a law last year that creates disclosure requirements related to greenhouse gas (“GHG”) emissions for thousands of U.S. companies,...more

McGlinchey Stafford

CFPB Issues Auto Finance Supervisory Highlights Sharing Marketing, Servicing, and Add-on Findings

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A new “Auto Finance Special Edition” of the Consumer Financial Protection Bureau’s (CFPB or Bureau) Supervisory Highlights was released on October 7, 2024, and it is important for those overseeing compliance in their auto...more

Pillsbury Winthrop Shaw Pittman LLP

Lenders Beware: The Ponzi Scheme Presumption Can Trap an Unwitting Lender

A recent Ninth Circuit Court decision highlights a risk for lenders caught up in a Ponzi scheme. In its recent EPD Investment decision, the Ninth Circuit reaffirmed that (as a matter of law) upon finding the existence of a...more

Foley Hoag LLP - Energy & Climate Counsel

NYPA Releases Draft Renewables Strategic Plan, Invites Collaboration with Private Developers

On Tuesday, October 8, 2024, the New York Power Authority (“NYPA”) released its draft 2025 Renewables Strategic Plan (the “Draft Plan”) and invited public comment. The 2023-24 New York State budget granted NYPA expanded...more

Cadwalader, Wickersham & Taft LLP

Inside NAV Loans October 2024 - What’s in a NAV Loan?

The purpose of this article is to unpack the basic building blocks of what constitutes a NAV Loan to make sure that market participants have a basic understanding of what is in a NAV Loan and their key negotiated issues. As...more

White & Case LLP

Indonesian lending activity poised for rebound

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Macroeconomic uncertainty has impacted Indonesian debt markets in recent years. But, after a period of disruption, prospects for domestic and offshore debt issuances are brightening....more

Cozen O'Connor

Auto Financing in the Headlights of CFPB Report

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The CFPB issued a Supervisory Highlight detailing findings related to potentially illegal practices by auto-finance companies. The Supervisory Highlight’s key observations include that certain auto-finance companies allegedly...more

Holland & Knight LLP

Department of Defense Announces New Loan Program for Critical Technology Projects

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The U.S. Department of Defense's (DOD) Office of Strategic Capital (OSC) on Sept. 27, 2024, published a Notice of Funding Availability (NOFA) that would make up to $984 million in loans available for a range of projects that...more

Cadwalader, Wickersham & Taft LLP

Read and React October 2024 - ILPA NAV Guidance: Market Reaction and Practical Considerations

As most Fund Finance Friday readers probably already know, over the summer, the Institutional Limited Partners Association (“ILPA”) issued guidance for Limited Partners (“LPs”) and General Partners (“GPs”) around the use of...more

Manatt, Phelps & Phillips, LLP

California Extends State Debt Collection Law to Commercial Debts

Continuing a nationwide trend towards increased regulation of commercial financing, Governor Newsom has signed into law a bill extending the reach of California’s Rosenthal Fair Debt Collection Practices Act (the “Act”) to...more

Cadwalader, Wickersham & Taft LLP

Clearing the Hurdle, September 2024 - Hurdling Into the Borrowing Base

As was briefly touched upon in a prior Fund Finance Friday article “Borrowing Base/Coverage Ratio Approaches in Subscription Finance Facilities,” a subscription facility which uses the borrowing base approach looks at each...more

Fox Rothschild LLP

Federal Court Will Hear Auto Dealers Challenge to New FTC Regulations

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On Oct. 7, the 5th Circuit Court of Appeals will hear arguments in a case that could significantly reshape how auto dealerships operate. The National Automobile Dealers Association is arguing that the Federal Trade...more

Morrison & Foerster LLP

PACE Financing is now available for New Construction

New York City recently released updated Commercial Property Assessed Clean Energy (C-PACE) guidelines which are expected to open up opportunities for owners to obtain C-PACE financing for new construction and energy retrofit...more

Vinson & Elkins LLP

[Webinar] Powering Texas: Roadmap for Structuring Bankable TEF Projects - October 9th, 1:00 pm - 2:00 pm ET

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Join us as we explore the intricacies of developing government-funded projects, with a focus on the Texas Energy Fund (TEF) loan program. Vinson & Elkins’ finance, project development, construction, and regulatory lawyers...more

DLA Piper

Key Takeaways From the Fund Finance Association 2024 Global Leadership Summit

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The Pine Cliffs Resort hosted the FFA’s 2024 Global Leadership Summit this week where key players and leaders from across the industry gathered to discuss macroeconomic, geopolitical, policy, legal, regulatory and other...more

Holland & Knight LLP

EPA Announces $7.5 Billion in Water Infrastructure Loans

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The U.S. Environmental Protection Agency (EPA) on Sept. 6, 2024, announced the availability of $6.5 billion in Water Infrastructure Finance and Innovation Act (WIFIA) funding and $1 billion in State Infrastructure Financing...more

Dechert LLP

Overview of financing options for French biotech companies

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The trajectory of a biotech company is often full of ups and downs, influenced by unpredictable changes in market conditions. It is therefore imperative for biotech companies to be agile in finding the most appropriate...more

Vinson & Elkins LLP

The Role of Ireland in Aviation: From GPA's Legacy to a Sustainable Future

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Ireland is the global hub for aircraft leasing and financing, with over 60%1 of the world’s leased aircraft being managed from there, and Dublin being home to more than 30 aircraft leasing companies2. This is thanks in no...more

Cadwalader, Wickersham & Taft LLP

B(ack to School) September 2024 - Unlocking Liquidity With a Tranche B Facility

Liquidity solutions are a topic du jour in fund finance. With bank balance sheets somewhat restricted by macroeconomic concerns and risk-weighted asset regulations, fund finance borrowers and lenders have sought creative ways...more

Orrick, Herrington & Sutcliffe LLP

Legal Ninja Snapshot: Your Checklist for Convertible Loan Agreements in Germany

Convertible loan financings have become the go-to financing instrument in German venture capital for short-term and (bridge) funding on the fly. Most law firms, venture capital funds, business angels or related initiatives...more

Alston & Bird

States Impose Commercial Financing Disclosure Requirements

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What Happened: In a little-noticed development, eight states have enacted legislation that requires specific disclosures for commercial non-real estate secured financing transactions....more

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