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JONES DAY TALKS®: Financial Regulators and Asset Managers Warm to Acknowledging Climate Risks [Audio]

Jones Day partners Lanier Saperstein and Jay Tambe talk about The New York Department of Financial Services' recent guidance on Climate Change and Financial Risks, and BlackRock CEO Larry Fink's annual January letter to...more

New York's Highest Court Upholds Minority Noteholders' Rights Under Trust Indenture Act

The Situation: In a sharply divided 4-3 decision, CNH Diversified Opportunities Master Account, L.P., et al. v. Cleveland Unlimited, Inc. et al., Case No. 42 (Oct. 22, 2020), the New York Court of Appeals reversed the courts...more

Selecta Determination Provides Further Guidance on Chapter 15 and Bankruptcy Credit Events

The EMEA Determinations Committee's recent bankruptcy determination involving Selecta CDS provides additional insight on the types of chapter 15 filings that are likely to trigger Credit Events. On October 12, 2020, the...more

Matalan: (Some) Additional Clarity on the Impact of English Schemes and Chapter 15 on CDS

The Situation: On August 11, 2020, a Credit Derivatives Determinations Committee for EMEA ("DC") unanimously determined that the Chapter 15 filing by British retailer Matalan triggered a Bankruptcy Credit Event under standard...more

First Department Upholds NY AG's Authority to Investigate Virtual Currency Under the Martin Act

The Development: The First Department held that the New York Attorney General ("NYAG") has broad authority to investigate virtual currency companies, while narrowing the scope of jurisdictional challenges that can be made to...more

Public Pension Beneficiaries Lack Standing to Bring Claims Against Investment Managers

As we discussed in our previous Alerts, "Novel Suit by Kentucky Pension Beneficiaries Continues" and "Kentucky Court Holds That Public Pension Plan Beneficiaries Lack Standing to Sue," beneficiaries of Kentucky's public...more

Volcker Rule Covered Fund Amendments: What They Will and Will Not Do for CLOs

The Situation: The regulatory agencies responsible for administering the Volcker Rule have amended the covered fund provisions of the rule. The Result: Modifications to the definitions of "ownership interest" and "loan...more

President Signs Amendments to Paycheck Protection Program Into Law - Amendments to loan forgiveness period, safe harbors, and...

The new Paycheck Protection Program Flexibility Act of 2020  ("PPPFA") amends the Paycheck Protection Program ("PPP") created under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and affects both existing...more

Congress Enacts Massive Coronavirus Aid and Relief Package

The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a sweeping bipartisan measure that provides relief to small and large businesses, the health care sector, and individuals and families. This massive...more

Second Circuit Breathes New Life Into Conduct And Effects Test

The Situation: Since the Supreme Court decided Morrison v. National Australia Bank Ltd. ("Morrison") in 2010 and rejected the Second Circuit's "conduct and effects test," the Second Circuit has grappled with the issue of...more

Decision Time for the ISDA 2019 Narrowly Tailored Credit Events Protocol

The Situation: The International Swaps and Derivatives Associations, Inc. ("ISDA") is in the process of amending its credit derivatives documentation to address concerns market participants and regulators have raised...more

French Blocking Statute: A Renewed Interest?

Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from...more

Additional CDS Documentation Reforms On the Way

ISDA proposes "de facto" category of original issue indebtedness as part of its CDS definitional reforms. On May 24, 2019, the International Swaps and Derivatives Association ("ISDA") published another credit default swap...more

NYDFS Creates "Powerhouse" Consumer Financial Protection Division

The New York Department of Financial Services makes good on a promise to fill the void left by the Consumer Financial Protection Bureau. On April 29, 2019, the New York Department of Financial Services ("DFS") announced...more

Kentucky Court Holds That Public Pension Plan Beneficiaries Lack Standing to Sue

A lower court's decision to allow beneficiaries of Kentucky's Public Retirement System to sue administrators and advisors over fiduciary responsibilities is overturned....more

CFTC Issues Advisory on Self-Reporting of Foreign Corrupt Practices for Non-Registrants

The Advisory is part of the agency's broader commitment to provide "incentives for companies and individuals to engage in ethical corporate behavior." On March 6, 2019, the U.S. Commodity Futures Trading Commission...more

ISDA’s CDS Consultation: A Potential Fix for Narrowly Tailored Credit Events

The Situation: The International Swaps and Derivatives Association ("ISDA") has published proposed changes to the 2014 Credit Derivatives Definitions ("Definitions") that are meant to address issues relating to narrowly...more

Second Circuit Concludes Commodity Exchange Act Claims Accrue When Plaintiffs Learn Of Their Injuries

Under the "discovery accrual rule" discovery of the injury starts the clock for statute of limitations purposes. On February 28, 2019, the Second Circuit issued an important decision regarding the statute of limitations...more

Windstream: When a Credit Derivatives Determinations Committee and a Court Disagree

The Situation: Following a recent court decision holding that Windstream Services, LLC ("Windstream") failed to pay hundreds of millions of dollars in accelerated debt in 2017, the Credit Derivatives Determinations Committee...more

Tenth Circuit Holds Federal Securities Laws Apply Extraterritorially In Enforcement Actions

The Situation: The U.S. Court of Appeals for the Tenth Circuit recently addressed the issue of whether the antifraud provisions of the federal securities laws apply extraterritorially in enforcement actions commenced by the...more

Pennsylvania Pension Review Commission Recommends Overhaul To Public Plans' Investments And Structure

The Situation: The Pennsylvania Legislature passed Act 5 in 2017, which, among other things, created the Pennsylvania Public Pension Management and Asset Investment Review Commission ("Commission"). The Commission was...more

Ziggo: Another Definitional Split in the Credit Default Swap Market

A recent decision reminds credit swap market participants that thorough knowledge of the documentation and definitions relating to a particular credit default swap is critical....more

Commodity Exchange Act: Key Decisions from 2018 and Enforcement Trends to Monitor in 2019

2018 was an interesting year for market participants subject to the Commodity Exchange Act ("CEA"), with federal appellate courts issuing three noteworthy decisions involving claims under the CEA. The Commodity Futures...more

Short-Squeeze Risks Loom Again in CDS Markets

The Situation: Fears of a potential short-squeeze in the upcoming Sears CDS auction have kicked off disputes in a variety of venues. The Result: One of these disputes caused the fourth-ever convening of an ISDA CDS...more

Compare and Contrast: SFIG's and ARRC's Differing Approaches to Benchmark Transition in Securitizations

The Situation: SFIG's LIBOR Task Force has released the first of a planned series of "green papers" on benchmark transition in the US securitization market. The Result: The Green Paper contains proposed recommendations...more

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