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Cadwalader, Wickersham & Taft LLP

Is Cash King? April 2025 - Is Cash King? Deferred Consideration and Specie/in-Kind Transactions in the Context of Private Equity...

Net asset value (NAV) facility documentation, at least in the context of private equity, has evolved to a large extent on the assumption that borrower funds will usually execute transactions in cash - paying cash on...more

Mayer Brown

Update on Maryland Mortgage Licensing Guidance: Governor Moore Signs Law Exempting Passive Trusts

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Shortly after Mayer Brown published an update on legislation introduced to exempt passive trusts and other assignees of certain Maryland loans from licensing, Governor Wes Moore signed the legislation into law. The Maryland...more

Alston & Bird

Governor Moore Signs Legislation Exempting ‘Passive Trusts’ from Licensure in Maryland

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Our Financial Services Group reviews the Maryland Secondary Market Stability Act, which overrides the Office of Financial Regulation’s requirement that passive trusts holding Maryland loans in residential mortgage-backed...more

Alston & Bird

Governor Moore Signs Legislation Exempting “Passive Trusts” from Licensure in Maryland

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In a highly anticipated and welcome development, on April 22, 2025, Maryland Governor Wes Moore signed into law the Maryland Secondary Market Stability Act of 2025 (emergency measures HB 1516 and its companion SB 1026) with...more

Ballard Spahr LLP

Colorado Ramps Up Workforce Housing Push Amid ‘Acute’ Shortage Also Seen Nationally

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Colorado is addressing a dearth of middle-income housing on multiple fronts, while other states are also realizing and responding to the need for more affordable housing for workforce families and individuals....more

Seward & Kissel LLP

Operating Business Development Companies: A Brief Overview

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Business development companies (“BDCs”) were created by Congress in 1980 to serve as closed-end, venture capital funds for retail investors by financing small to mid-sized U.S. private companies. Since about 2004, BDC...more

Payactiv

Late Fee Crunch: How Earned Wage Access Helps Consumers Avoid Penalties

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$23 billion. That’s how much Americans paid in late fees last year. When a payment is only a few days behind, late fees for credit cards, utilities, student loans, and rent pile up. And they have proliferated over the last...more

Bressler, Amery & Ross, P.C.

How to Take Advantage of Changes in Interest Rates For Gift and Estate Tax Savings

A recent Tax Court order highlights the gift and estate planning opportunities afforded when a senior family member makes loans to other family members. In Galli v. Commissioner, Docket Nos. 7003-20 and 7005-20, the Court had...more

ArentFox Schiff

The End of LIBOR: Hotel California Edition [Part IV]

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During the transition of the London InterBank Offered Rate (LIBOR) to the approved substitute benchmark in the United States, the Secured Overnight Financing Rate (SOFR), a basic question was raised as to whether the new...more

Mayer Brown

Update on Maryland Licensing Guidance: A “Fix” In The Works?

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In a prior Legal Update, we discussed the introduction of legislation in the Maryland General Assembly that would amend Maryland law to address guidance issued by the Maryland Office of Financial Regulation (“OFR”). That...more

Orrick, Herrington & Sutcliffe LLP

North Dakota expands its financial data security framework, includes alternative financing providers to obtain money broker...

On April 11, North Dakota enacted HB 1127 (the “Act”), amending the regulatory framework for financial institutions within the state by establishing a new chapter focused on data security programs. The Act amends various...more

Cadwalader, Wickersham & Taft LLP

U.S. Banks Quarterly Survey - April 2025

LEVEL-SETTING - The banking industry finds itself in the early stages of a transformation. Existing balance sheets have been shaped by more than a decade of low interest rates that fueled asset appreciation, muted...more

Latham & Watkins LLP

Chambers Global Practice Guide - Private Credit 2025

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The private credit market has emerged as a formidable force in the global financial landscape, offering a compelling alternative to traditional syndicated bank lending. The Private Credit Guide provides a broad overview of...more

Ankura

Fraud and Corruption in Covid Bounce Back Loans - A Perspective for Lenders

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Under the government Bounce Back Loan Scheme (BBLS), small businesses struggling due to the pandemic could obtain a fully government-secured loan of up to £50,000 with no repayments required for the first 12 months....more

DLA Piper

Beyond the Balance Sheet - The Future of Private Credit and Fund Finance

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The inaugural Beyond the Balance Sheet: The Future of Private Credit and Fund Finance Summit brought together industry leaders to explore key trends shaping private credit and fund finance. Hosted by DLA Piper and Opal, the...more

GeoDataVision

Potential Improvements for CRA (Part 4a of 4)

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In the previous 3 articles of this 4-part series I identified and explained three types of fatal flaws in the 2023 CRA rule: 1. The unreliable and sometimes misleading performance ratings based on unrealistic assessment...more

King & Spalding

The Evolving Face of Finance: Private Credit’s Role in the Middle East – Market Recap and 2025 Outlook

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The Gulf Cooperation Council region (the GCC) is becoming an ever-more important destination for the global private credit market. In this client briefing we explore the region’s rising prominence as a key destination for...more

Mayer Brown

Subscription Credit Facilities: Understanding the Collateral

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Subscription credit facilities, commonly referred to as “sub-lines” or “capital call facilities,” are a cornerstone of private equity finance. These facilities are secured by a bespoke collateral package that protects lenders...more

Benesch

Paycheck Protection Program (“PPP”) Loan Fraud: A Survey & Analysis of Recent Civil & Criminal Enforcement Outcomes

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The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or around March 2020 designed to provide emergency financial assistance to the millions of Americans who were suffering the...more

A&O Shearman

UK CMA review of the SME Banking Undertakings 2002

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The UK's Competition and Markets Authority (CMA) has confirmed its decision to review the remaining SME Banking Undertakings 2002 and has launched its consultation seeking views on whether the undertakings need to be updated....more

Troutman Pepper Locke

EWA Provider Sues New York Attorney General Over Threatened Enforcement Action

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On April 7, DailyPay, LLC, an employer-integrated earned wage access (EWA) provider, filed a lawsuit against New York Attorney General Letitia James, seeking declaratory relief to prevent the enforcement of state and federal...more

Troutman Pepper Locke

Texas Introduces Legislation to Regulate Sales-Based Commercial Financing

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Last month, the Texas legislature introduced two companion bills, S.B. No. 2677 and H.B. No. 700, to regulate sales-based commercial financing. For purposes of the proposed legislation, sales-based financing is a transaction...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases January 2025 CRA evaluations

On April 4, the FDIC released an updated list of state nonmember banks evaluated for compliance with the CRA during January 2025. The CRA mandates that the FDIC assess how well banks meet the credit needs of their entire...more

Orrick, Herrington & Sutcliffe LLP

Complaint challenges New York attorney general’s classification of earned wage access as a loan

On April 7, an earned wage access (EWA) provider filed a complaint seeking declaratory relief against the New York Office of the Attorney General (OAG) in U.S. SDNY. The plaintiff requested relief from the OAG’s enforcement...more

Orrick, Herrington & Sutcliffe LLP

FTC acts against finance app for alleged deceptive cash advance practices

On March 27, the FTC announced an enforcement action resulting in a stipulated order from the U.S. SDNY regarding a cash advance company’s alleged violations of Section 5(a) of the FTC Act and the Restore Online Shoppers’...more

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