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Yesterday, the Federal Trade Commission (FTC) announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds under which transactions will be reportable only if, as a result of such t...
On January 13, 2017, the Supreme Court granted certiorari in Kokesh v. SEC to resolve a circuit split on the issue of whether the five-year statute of limitations in 28 U.S.C. § 2462—w...
On January 6, 2017, Congressman Joe Wilson (R-SC) introduced in the House the Protecting American Families’ Retirement Advice Act, which would delay the effective date of the DOL Fiduci...
The Council of Institutional Investors has published an FAQ on majority voting for directors in which it advocates for “consequential majority voting,” a form of majority voting in di...
Last week, the House of Representatives passed three bills containing provisions that would require certain of the financial regulatory agencies to conduct cost-benefit analysis as part o...
On Friday, January 13, the United States Court of Appeals for the District of Columbia Circuit issued an order granting leave for PHH to file a supplemental response to the CFPB’s petit...
On January 13, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) announced amendments to the Sudanese Sanctions Regulations, 31 C.F.R. part 538 (“SSR...
Decision restores certainty to out-of-court debt restructurings
In a surprising 2014 decision, the District Court for the Southern District of New York held that the Trust Indenture Act ...
The following is the Davis Polk visual memorandum analyzing the Federal Reserve’s final rule on total loss-absorbing capacity (TLAC), eligible long-term debt (LTD) and clean holding com...
Or, Some Perspective on Indenture Language Restoring the Commercial Understanding of “Make-Whole” Premiums That Prevailed Before Summer 2016
A covenant review service recently procla...