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March 2, 2017

After a period of relative calm in the marketplace lending sector, the February 27, 2017 decision in Madden v. Midland has raised new questions. The decision by Judge Seibel in the Southern District of New York  leaves certain issues about the application of state usruy laws unresolved.

January 31, 2017

Bondholders have long feared “the tyranny of the majority” and historically have found limited comfort in a provision of the Trust Indenture Act (the “TIA”) that provides minority bondholders with a veto over proposed legal modifications to core payment terms.

January 26, 2017

On January 24, 2017, the New York State Supreme Court, Appellate Division, First Department, issued an opinion in a widely-watched case involving the interpretation of credit default swap contracts, Good Hill Master Fund, L.P. v. Deutsche Bank AG.

January 24, 2017

On January 19, 2017, the Division of Enforcement of the Commodity Futures Trading Commission (“CFTC”) issued two advisories outlining cooperation factors that the Division will consider in resolving agency investigations and enforcement actions...

January 24, 2017

In Chapter 17 of the 2017 Practitioner’s Guide to Global Investigations, RK&O attorneys William Barry, Jeffrey Lehtman and Margot Laporte discuss certain variables counsel should anticipate when representing individuals in parallell or cross-border investigations and proceedings.  

January 19, 2017

New variation margin rules will take effect for uncleared derivatives with all financial counterparties as of March 1, 2017. As hedge funds and other market participants in the buy-side community gear up to tackle the project, they must pay attention to...

January 9, 2017

Predicting what will transpire in the coming year is always challenging, particularly in relatively nascent and growing industries such as marketplace lending. While surprises are undoubtedly in store for 2017...

January 5, 2017

Predicting what will transpire in the coming year is always challenging, particularly in relatively nascent and growing industries such as marketplace lending. While surprises are undoubtedly in store for 2017...

December 21, 2016

In a unanimous decision in Stonehill v. Bank of the West, the New York Court of Appeals issued an important decision affirming that an agreement to trade syndicated bank debt is binding...

December 8, 2016

On December 6, the U.S. Supreme Court issued its eagerly anticipated ruling in Salman v United States, unanimously affirming the 9th Circuit’s affirmance of Salman’s guilty verdict for insider trading. 

November 3, 2016

Since 2009, the loan market has largely set aside concerns regarding the arcane legal doctrine of “champerty,” on the basis of what appeared to be straightforward guidance from the New York Court of Appeals.

October 21, 2016

Many financial and commercial real estate lenders attempt to mitigate the risks of a borrower's insolvency by lending to a newly created subsidiary that holds sufficient assets to secure the loan...

September 2016

As debt issued by oil and gas exploration and production companies continues to trade at distressed levels, the secondary loan market has focused on the distinct lending structures developed to finance the exploration and production of energy in the United States...

September 1, 2016

Phase I of the LSTA’s new “requirements-based” par/near par delayed compensation regime goes into effect as of today – September 1, 2016. 

August 23, 2016

In this opinion piece for CFO Magazine, RK&O partners William Barry, Jeffrey Lehtman and Michael Mann outline why the idea of "expert-ization" of corporate boards is actually a threat to good corporate governance.

August 18, 2016

On August 5th, the LSTA issued a revised version of its recently proposed “requirements-based”  par/near par delayed compensation rules, which are intended to replace the current “no-fault” regime.  

August 3, 2016

One important impediment to the expansion of PACE has now been removed, with the U.S. Department of Housing and Urban Development’s guidance issued on July 19, 2016. 

July 25, 2016

Section 13(d) of the Securities Exchange Act requires an investor that acquires greater than 5% beneficial ownership of a U.S. public company's stock to disclose its position by the tenth

July 14, 2016

In response to numerous comments received from market participants and vendors, the LSTA released an update to its membership earlier this week postponing the effective date of the proposed requirements-based par/near par delayed compensation regime.

July 7, 2016

After years of debate, regulators are poised to require registered investment advisers to implement anti-money laundering (“AML”) programs that mirror those of banks, broker dealers and other financial institutions. 

July 5, 2016

The United States Court of Appeals for the Second Circuit has overturned a $7.25 billion antitrust settlement among Visa and MasterCard and millions of retailers that accused the card networks of improperly fixing interchange fees. 

June 10, 2016

A recent SEC settlement against a broker-dealer firm and its principals reflects the SEC’s interest in ensuring registered firms’ robust compliance with information security/data protection and recordkeeping requirements. 

May 6, 2016

Energy Future Holdings Corp. has filed a new joint chapter 11 plan of reorganization and disclosure statement after plans to fund its exit from bankruptcy by selling its Oncor power distribution business failed.

May 3, 2016

RK&O attorneys Daniel Zinman and Alex Solomon published their article "From Bonds to Burritos: How the Increasing Criminalization of Regulatory Offenses Affects the Food and Beverage Industry" in Food Safety Magazine...

May 2, 2016

The last few months have seen a revival of interest in single-name credit default swaps by hedge funds and other buy-side firms. In this client alert, RK&O attorneys Vincent Basulto and Richard J. Lee recap the current state of the market and highlight some considerations for parties looking to re-enter the market...

April 11, 2016

Institutional investors are turning their favorable attitudes about the marketplace lending industry into action, increasing their investment in the sector over the past year according to a new report by Richards Kibbe & Orbe LLP and Wharton FinTech.