Delaware recently joined nine states in approving changes to the Uniform Commercial Code (UCC) involving digital assets. Another 15 states and Washington, D.C. are considering the changes.
The Uniform Law Commission urged...more
On Monday, March 13, 2023, the Federal Deposit Insurance Corporation (“FDIC”) transferred all deposits and substantially all the assets of Silicon Valley Bank (“SVB”), formerly a California state chartered bank that was taken...more
In a joint statement, the Department of the Treasury, the Federal Reserve and the FDIC announced that...more
Digital assets have soared in popularity, with waves of innovation outpacing legislation and regulation. To try to narrow the gap, the Uniform Law Commission has urged U.S. states to change commercial law governing the...more
What to look out for in the proposed new Chapter 12 of the Uniform Commercial Code (UCC) The world of cryptocurrencies and other forms of digital assets (such as non-fungible tokens) is exploding. While Bitcoin is the...more
1/14/2022
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
FinTech ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Proposed Rules ,
Uniform Commercial Code (UCC) ,
Virtual Currency
Orrick’s Thomas Laryea, Lorraine McGowen and Nell Scott led a webinar on the impact of COVID-19 and sovereign debt restructuring, hosted by the Macroeconomic and Financial Management Institute of Eastern and Southern Africa...more
The COVID-19 pandemic has wreaked havoc across the globe, with a rising human and economic toll. Containment of this crisis has warranted unprecedented government intervention in public health and in the economy. ...more
5/6/2020
/ Coronavirus/COVID-19 ,
Debt ,
Debt Relief ,
Debt Service Suspension Initiative ,
Financial Assistance Policies ,
Forbearance Agreements ,
G20 ,
IMF ,
Loans ,
Low-Income Issues ,
Relief Measures ,
World Bank
When and where is PG&E expected to file for bankruptcy?
Currently, PG&E is expected to file for bankruptcy on January 29, 2019, likely in the United States Bankruptcy Court for the Northern District of California in San...more
On June 30, 2016, the United States Senate passed the “Puerto Rico Oversight, Management and Economic Stability Act” (“PROMESA”) and it was quickly signed into law by President Obama. PROMESA enables the Commonwealth of...more
8/10/2016
/ Automatic Stay ,
Bankruptcy Code ,
Bonds ,
Capital Markets ,
Cramdown ,
Creditors ,
Debt ,
Debt Restructuring ,
Energy Sector ,
Ipso Facto Clauses ,
Natural Resources ,
New Legislation ,
Puerto Rico ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
Regulatory Oversight
The Distressed Download Newsletter is a roundup of recent news from Orrick's Distressed Download blog, a resource for the latest news and industry trends in the distressed debt and restructuring markets.
European...more
On Wednesday, January 13, 2016, the U.S. Supreme Court will hear arguments in the appeal styled under the caption Commonwealth of Puerto Rico v. Sanchez Valle, No. 15-108. In this case, the Supreme Court is asked to determine...more
Supreme Court to Determine Constitutionality of DERA By order dated December 4, 2015, the US Supreme Court has agreed to consider the appeal by the Commonwealth and the Government Development Bank regarding the...more
First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act -
On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more
7/23/2015
/ Attorney's Fees ,
Bankruptcy Code ,
Bonds ,
Capital Controls ,
Distressed Debt ,
Emerging Markets ,
EU ,
Eurozone ,
Greece ,
Insolvency ,
Municipal Bankruptcy ,
Oil & Gas ,
Preemption ,
Puerto Rico ,
Reclamation ,
Restructuring ,
SCOTUS
A Battle in the Making in the Oil and Gas Sector: Second Lien vs. High Yield Debt -
In the oil and gas industry, there is a storm brewing between holders of second lien debt and unsecured high yield bonds. These...more
6/22/2015
/ Bank of America v. Caulkett ,
Banking Sector ,
Bankruptcy Court ,
Bonds ,
Consumer Bankruptcy ,
Creditors ,
Debt ,
Distressed Debt ,
High-Yield Markets ,
Junior Lenders ,
Junior Liens ,
Lien Stripping ,
Mortgage Lenders ,
Mortgages ,
Oil & Gas ,
Oil Prices ,
Oral Contracts ,
Underwater Homeowners ,
Wellness International Network v Sharif
On March 24th, the Supreme Court heard oral argument on the consolidated appeals of two decisions from the Eleventh Circuit Court of Appeals, Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. The appeals...more
4/2/2015
/ Bankruptcy Code ,
Chapter 7 ,
Dewsnup ,
HELOC ,
Junior Lenders ,
Lien Stripping ,
Liens ,
Mortgages ,
Popular ,
SCOTUS ,
Section 506 ,
Underwater Homeowners ,
Void Contracts
NYDFS Releases Revised BitLicense Proposal -
On February 4, 2015, the New York State Department of Financial Services ("NYDFS") released a revised version of its proposed virtual currency regulations (commonly referred...more
3/13/2015
/ American Bankruptcy Institute ,
Automatic Stay ,
Bankruptcy Code ,
BitLicense ,
CFTC ,
Chapter 11 ,
Department of Financial Services ,
Derivatives ,
Foreign Exchanges ,
Foreign Markets ,
Forward Contracts ,
Ipso Facto Clauses ,
ISDA ,
Liquidation ,
Margin Requirements ,
NDFs ,
Section 362 ,
Swaps
What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle -
On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more
3/12/2015
/ Bankruptcy Court ,
Bankruptcy Preferences ,
Chapter 11 ,
Chapter 9 ,
Commercial Bankruptcy ,
Debt Market ,
Debt Recovery Programs ,
Distressed Debt ,
EU ,
France ,
Insolvency ,
Lehman Brothers ,
Municipalities ,
Pension Funds ,
Puerto Rico ,
Restructuring ,
Safe Harbors ,
SCOTUS ,
Tax Liability ,
UK ,
Venue ,
Wellness International Network v Sharif
On Friday February 6, the Puerto Rico Federal District Court ruled the Debt Enforcement and Recovery Act (the “Recovery Act”) unconstitutional. Franklin Calif. Tax-Free Trust, et al. v. Comm. Of Puerto Rico et al., (D.P.R.,...more
2/14/2015
/ Bankruptcy Code ,
Chapter 9 ,
Contracts Clause ,
Debt ,
Debt Relief ,
Mootness ,
Municipal Bankruptcy ,
Preemption ,
PREPA ,
Puerto Rico ,
Ripeness ,
Supremacy Clause ,
Takings Clause
On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcemen enabling certain Commonwealth public corporations in financial distress...more
On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcement Act”), enabling certain Commonwealth public corporations in financial...more
7/10/2014