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    Rough justice: Third Circuit holds in tribune that a cramdown plan may discriminate—but not unfairly—by reallocating a portion of proceeds, overriding a subordination agreement
    2020-09-29

    On August 26, 2020, the Court of Appeals for the Third Circuit held that the Bankruptcy Code does not require subordination agreements to be strictly enforced in order for a court to confirm a cramdown plan, so long as the plan does not discriminate unfairly.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, Title 11 of the US Code, Third Circuit
    Authors:
    Luckey McDowell , Joel Moss , Ian E. Roberts , Fredric Sosnick , Ned S. Schodek
    Location:
    USA
    Firm:
    A&O Shearman
    Financial Restructuring & Insolvency/Finance A New Restructuring Plan
    2020-09-16

    Financial Restructuring & Insolvency/Finance A New Restructuring Plan

    16 SEPTEMBER 2020

    IN THIS ISSUE:

    Introduction Process for Implementing a Plan Availability of the Plan Disenfranchisement of Creditors or Members Numerosity Cross-class Cram Down Moratorium Veto Pensions Opinion

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, A&O Shearman, Corporate governance, Companies Act 2006 (UK)
    Location:
    United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 22/2018
    2018-06-07

    FINANCIAL REGULATORY DEVELOPMENTS FOCUS JUNE 7, 2018 ISSUE 22 In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Practice Group/Industry website. IN THIS ISSUE Bank Prudential Regulation & Regulatory Capital ..............................................................................................

    Filed under:
    European Union, USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, White Collar Crime, A&O Shearman, Commodity Futures Trading Commission (USA), ECB
    Location:
    European Union, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 16/2018
    2018-04-26

    FINANCIAL REGULATORY DEVELOPMENTS FOCUS APR 26, 2018 ISSUE 16/2018 In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website. The latest Governance & Securities Law Focus is available here.

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, White Collar Crime, A&O Shearman, Brexit, Federal Reserve Board, European Commission, Financial Stability Board, European Banking Authority
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 20/2018
    2018-05-23

    MAY 23, 2018/20 FINANCIAL REGULATORY DEVELOPMENTS FOCUS Proxima Nova A ExCn 35pt In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website. IN THIS ISSUE AML/CTF, Sanctions and Insider Trading ..............................................................................................................

    Filed under:
    European Union, Global, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Securitization & Structured Finance, White Collar Crime, A&O Shearman, Financial Crimes Enforcement Network (USA)
    Location:
    European Union, Global, United Kingdom
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 9/2018
    2018-03-08

    MAR 8, 2018 ISSUE 9/2018 FINANCIAL REGULATORY DEVELOPMENTS FOCUS Proxima Nova A ExCn 35pt In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website. IN THIS ISSUE AML/CTF, Sanctions and Insider Trading ..............................................................................................................

    Filed under:
    European Union, United Kingdom, USA, Banking, Company & Commercial, Competition & Antitrust, Derivatives, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, A&O Shearman, Federal Reserve Board, Financial Conduct Authority (UK), ECB
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 12/06/2017
    2017-12-06

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP WEEKLY NEWSLETTER DECEMBER 6, 2017 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Competition & Antitrust, Derivatives, Employee Benefits & Pensions, Insolvency & Restructuring, A&O Shearman, Brexit, Libor, Federal Reserve Board, Financial Conduct Authority (UK), European Commission, Financial Stability Board, Office of the Comptroller of the Currency (USA), US Department of Labor, European Banking Authority, ECB, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 12/21/2017
    2017-12-21

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP NEWSLETTER DECEMBER 21, 2017 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, White Collar Crime, A&O Shearman, Prudential Regulatory Authority (UK), Federal Reserve Board, European Banking Authority, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Financial Regulatory Developments Focus - Issue 1/10/2018
    2018-01-10

    FINANCIAL INSTITUTIONS ADVISORY & FINANCIAL REGULATORY GROUP NEWSLETTER JANUARY 10, 2018 ISSUE 1/2018 Financial Regulatory Developments Focus In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website.

    Filed under:
    European Union, United Kingdom, USA, New York, Banking, Capital Markets, Company & Commercial, Derivatives, Insolvency & Restructuring, IT & Data Protection, Securitization & Structured Finance, White Collar Crime, A&O Shearman, Federal Reserve Board, US Securities and Exchange Commission, Financial Conduct Authority (UK), European Commission, European Banking Authority, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, New York State Department of Financial Services, MiFID
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman
    Implications for Bank Creditors: the Latest EU Banking Reform Proposals
    2016-12-13

    The European Commission has published draft legislative proposals which would require large non-EU banking firms with EU operations to establish an intermediate holding company in the EU. The proposed rules are similar to US requirements for certain non-US banking organizations to establish an intermediate holding company in the US. This note discusses the impact of the proposals on foreign banking groups and their restructuring plans, with a particular reference to US banks. It also considers the UK’s position in light of Brexit.

    Introduction

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, Public, A&O Shearman, Broker-dealer, Bank holding company, European Commission, Capital Requirements Directives
    Authors:
    Barnabas (Barney) Reynolds , Reena Agrawal Sahni , Thomas Donegan , Timothy J. Byrne , Sylvia Favretto , Jennifer D. Morton , Kolja Stehl , Sandy Collins
    Location:
    European Union, United Kingdom, USA
    Firm:
    A&O Shearman

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