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Distressed Download

First Circuit Rules Bankruptcy Code Preempts Puerto Rico’s Recovery Act

by Lorraine McGowen
July.09.2015

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 Court ...

Derivatives in Review

SFIG Provides Comment Letter on ReProposed Margin Rules for Uncleared Swaps

by Nikiforos Mathews and Jonas Robison
December.19.2014

On November 24th, the Structured Finance Industry Group (“SFIG”) submitted a comment letter[1] to the Board of Governors of the Federal Reserve ...

On the Chain

The SEC Sends a Telegram to European Token Offerings: Avoid the U.S.

April.24.2020

On March 24, the United States District Court for the Southern District of New York granted the U.S. Securities and Exchange Commission (SEC) a ...

Derivatives in Review

SEC Extends Temporary Exemptions Granted to Facilitate Central Clearing and Settlement of CDS

September.07.2009

On September 14, 2009, the Securities and Exchange Commission ("SEC") issued a release (the "Extension Release") which extended the expiration dates ...

Distressed Download

Supreme Court Rules the Federal Government Must Pay Health Insurers’ Multi-Billion Dollar Risk Corridor Claims

by Raniero D'Aversa and Allison Citron
April.27.2020

Insurance markets have been watching the Supreme Court’s docket for its ruling on whether the Federal Government must compensate some of health ...

Derivatives in Review

SEC Proposal on Security-Based Swaps Arranged Negotiated or Executed in the United States

by Nikiforos Mathews and Jonas Robison
June.11.2015

On May 13, 2015, the Securities Exchange Commission (“SEC”) proposed a rule and rule amendments relating to certain security-based swaps[1] arranged, ...

Distressed Download

New York Court Rules Sort of on Whether Electricity is a Good or a Service

October.03.2015

It seems only fitting that recent decisions by the United States District Court for the Southern District of New York and its bankruptcy court ...

On the Chain

Blockvest II: Court Reverses Itself and Grants the SEC a Preliminary Injunction in the Face of Manifest Fraud

by Andrew Wallach
February.19.2019

As we previously discussed, the SEC suffered a rare defeat in Securities and Exchange Commission v. Blockvest, LLC et al. on November 27, when Judge ...

On the Chain

SEC/FINRA Joint Statement on Digital Asset Securities Does Not Address Regulatory Log Jam

July.18.2019

Last week, the Staffs of the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) (collectively, the ...

Derivatives in Review

Status of Security-Based Swap Regulation and the Related Cross-Border Framework an Overview

by Nikiforos Mathews and Jonas Robison
December.18.2015

The CFTC has now implemented many of the requirements applicable to swaps under Title VII of the Dodd-Frank Act.[1] In contrast, substantially all of ...

Derivatives in Review

IRS Amends Temporary Treasury Regulations Under Section 871m

September.28.2012

On August 31st, the U.S. Internal Revenue Service amended Temporary Treasury Regulations under Section 871(m) of the U.S. Internal Revenue Code of ...

Distressed Download

Seventh Circuit Holds Section 105(a) Permits Stay of Litigation Against Non-Debtor Affiliates

January.07.2016

Section 105(a) of the Bankruptcy Code provides that a bankruptcy court “may issue any order, process, or judgment that is necessary or appropriate to ...