Recently, much attention has been paid to a trend known a “futurization”—the recasting of economic arrangements previously transacted as “swaps” to trade as “futures” as a r...
The US and global financial crisis in 2008 precipitated an avalanche of activity and changes in US banking regulation. In that year, the US Congress, the President and the regulators exer...
In the March 2013 issue of The Investment Lawyer , Part 1 of this article addressed the process by which investment funds or their advisers could be designated as systemically important f...
This article examines whether and when the common interest privilege attaches to communications
among co-proponents of a plan of reorganization under Chapter 11 of the Bankruptcy Code....
One key provision of the Dodd-Frank Act requires reporting of over-the-counter swap transactions. The Commodity Futures Trading Commission has finalized detailed regulations in this area ...
While Washington’s power to regulate large banks and insurance companies as systemically important financial institutions (SIFIs) under the systemic importance regime established by the...
In the August 2012 decision in the Tropicana case, the U.S. Court of Appeals for the Third Circuit upheld the U.S. Bankruptcy Court for the District of Delaware’s denial of a creditor g...