News & Analysis as of

Financial Markets

Ropes & Gray LLP

Preparing for ETFs as a Share Class: Updated and Expanded as of June 11, 2025

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Introduction - On March 17, 2025, Ropes & Gray published a white paper describing the much-anticipated Share Class Relief 1 and outlining matters we believed Advisers and Boards may want to consider in connection with...more

J.S. Held

Lending Climate in America – 2nd Quarter 2025 Survey

J.S. Held on

Lender confidence in the US economy’s performance over the next six months is waning due to concerns over the impacts of tariff uncertainty and the possibility of a recession. Meanwhile, lenders believe the Fed will cut...more

Carlton Fields

Some Constitutional Clarity for SEC Administrative Law Courts but Uncertainty Remains

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In a 26-page decision, the U.S. District Court for the District of Columbia rejected an effort by a hedge fund manager to derail an ongoing SEC in-house “follow-on” enforcement proceeding. ...more

Carlton Fields

SEC Solicits Public Comment on Definition of “Foreign Private Issuer”

Carlton Fields on

The Securities and Exchange Commission (SEC) published a concept release on June 4, 2025, seeking feedback on whether the SEC should amend the definition of “foreign private issuer” (FPI). In the release, the SEC asks whether...more

Ropes & Gray LLP

Takeaways from SuperReturn 2025: Navigating Private Market Fundraising with Purpose and Innovation

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The 2025 SuperReturn conference in Berlin last week once again solidified its position as a cornerstone event for the global private markets community, offering a vital platform for insights, networking, and a palpable sense...more

Herbert Smith Freehills Kramer

Australian Securities & Investments Commission clears path for faster IPOs

On 10 June 2025, ASIC announced two initiatives as part of a two-year trial designed to shorten the IPO process: ASIC will informally review pathfinder disclosure documents on a confidential basis two weeks prior to public...more

Ropes & Gray LLP

U.S. Private Equity Market Recap - June 2025

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Read our latest insights into the U.S. private equity market. We cover monthly deal activity and size, fundraising, exits, leveraged loans, and a look ahead. Deal activity: The U.S. PE deal market has been choppy in 2025 YTD...more

Mayer Brown

SEC Issues Concept Release on Definition of Foreign Private Issuer

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On June 4, 2025, the U.S. Securities and Exchange Commission (the “Commission” or “SEC”) issued a concept release soliciting public comment on the definition of foreign private issuer (“FPI”), particularly on whether the...more

Carey Olsen

Power players: investment funds 2025 - distinguished advisers

Carey Olsen on

In today’s increasingly unpredictable global environment, the outlook for investment funds and their managers – particularly in the US – remains uncertain. Recent tariff measures introduced by the US government, along with...more

Katten Muchin Rosenman LLP

Confirming a Negative: CFTC Staff Issue an Advisory Clarifying When Foreign-Organized Entities Are Trading and Brokering Digital...

Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or...more

McDermott Will & Emery

CFTC Staff Letter 25-14: What Is a “U.S. Person”?

On May 21, 2025, the Commodity Futures Trading Commission’s (CFTC) Market Participants Division and Division of Market Oversight jointly issued Staff Letter 25-14 in response to a request from SCB Limited, a Bahamas-based...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Requests Public Comment on the Definition of Foreign Private Issuer

On June 4, 2025, the Securities and Exchange Commission (SEC) issued a concept release soliciting public input on whether the definition of foreign private issuer (FPI) should be amended, particularly given the significant...more

Troutman Pepper Locke

Investment Management Update - Q1 2025

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Explore the latest legal developments and regulatory updates impacting funds, advisers, and industry participants, including SEC rule amendments, compliance extensions, and guidance on accredited investor verification....more

White & Case LLP

Stop right there – intercreditor standstills that grind to a halt

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Standstill periods in private credit intercreditor agreements don't get much attention – they exist to allow senior lenders time to take enforcement action before super senior lenders can step in. But if you're not careful,...more

White & Case LLP

Economic volatility tempers high yield issuance

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Against a remarkably volatile macroeconomic backdrop, US and European high yield bond markets recorded conspicuous year-on-year declines in issuance during the first quarter of 2025....more

Fenwick & West LLP

The State of Space and Defense Funding in 2025

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With New York Tech Week off and running and the second Fenwick Space Summit about to take flight, partner Michael Brown's observations about investor excitement at the intersection of space, defense, and deeptech are echoing...more

Levenfeld Pearlstein, LLC

Independent Sponsor Series – Capital Provider Spotlight: A Conversation with Paul Moffatt of Encore One (Part Two)

To help businesses, investors, and deal professionals better understand the evolving independent sponsor landscape, Robert Connolly – a partner in LP’s Corporate Practice Group and leader of LP’s Independent Sponsor team –...more

DLA Piper

Institutional Investor Newsletter: Q2 2025

DLA Piper on

If enacted, the House Committee on Ways and Means’ tax bill, entitled “The One, Big, Beautiful Bill,” could affect certain institutional investors. Among other measures, the proposed legislation would impose elevated US tax...more

Herbert Smith Freehills Kramer

Decoding Tokenisation: An introduction

In the rapidly expanding and evolving digital economy, tokenisation is primed to transform how we interact with assets. By creating digital representations of real-world assets on a distributed ledger, tokenisation promises...more

McDermott Will & Emery

Turbo-Zertifikate im Visier – BaFin plant neue Produktintervention

The Federal Financial Supervisory Authority has announced that it intends to restrict trading in so-called "turbo certificates", i.e. MiFID bonds that leverage the performance of an underlying asset and expire immediately...more

Jones Day

CFTC Divisions Interpret "U.S. Person" Definition and U.S. Location Versus Foreign Location

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A 2024 CFTC enforcement action settlement that may have introduced a new test for when the Commodity Exchange Act and the agency's regulations apply on a cross-border basis concerned then-CFTC Commissioner and now Acting CFTC...more

Katten Muchin Rosenman LLP

CFTC Staff Reminds Registered Exchanges and Clearinghouses to Evaluate and Calibrate Their Volatility Control Mechanisms

The Commodity Futures Training Commission’s (“CFTC”) Division of Market Oversight and Division of Clearing and Risk issued an advisory (the “Staff Advisory”) reminding designated contract markets (“DCMs”) and derivatives...more

McDermott Will & Emery

Key Takeaways | How I Learned To Stop Worrying and Love Choppy Waters

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During this session, panelists that focus on special situations and distressed debt in various sectors provided their insights on the current state of the financial market, recent restructuring trends, and tools to implement...more

A&O Shearman

Delegated regulation on identifying reference data for OTC derivatives published in OJ

A&O Shearman on

Commission Delegated Regulation (EU) 2025/1003 has been published in the Official Journal of the European Union (OJ), supplementing the EU Markets in Financial Instruments Regulation (MiFIR) as regards over-the-counter...more

Morrison & Foerster LLP

CFTC Staff Issue Interpretive Guidance on Cross-Border Definitions

The CFTC staff have issued interpretative guidance regarding the application of cross-border definitions under the CFTC’s regulatory regimes covering swaps, foreign futures and foreign options transactions, and foreign boards...more

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