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    ISDA 2018 US Resolution Stay Protocol - key questions and answers
    2018-09-25

    On July 31, 2018, the International Swaps and Derivatives Association published the ISDA 2018 US Resolution Stay Protocol. The US Protocol is intended to enable parties to ISDA Master Agreements and similar "Protocol Covered Agreements" (collectively, PCAs) to contractually recognize the cross-border application of special resolution regimes applicable to global systemically important entities and their affiliates.

    In this alert, we provide a broad overview of the US Protocol and relevant resolution stay rules, then describe the effect and operation of the US Protocol.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, DLA Piper, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), International Swaps and Derivatives Association
    Authors:
    Marc A. Horwitz
    Location:
    USA
    Firm:
    DLA Piper
    Roundup of upcoming cases and anticipated UK regulatory developments
    2016-11-07

    On the Horizon

    Welcome to the second edition of the On the Horizon newsletter - a regular update on upcoming cases and anticipated regulatory developments by the DLA Piper Banking and Finance Litigation team.

    AUTUMN 2016

    Cases to watch

    Filed under:
    United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, IT & Data Protection, Litigation, DLA Piper
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Five major financial firms given extensions to submit living wills
    2018-09-10

    The Fed and the FDIC, in an August 30 joint press release, announced that they are extending the filing deadline for Prudential Financial Inc. and four major foreign banking organizations to submit their resolution plans. Prudential Financial, a designated nonbank SIFI pursuant to Dodd-Frank, will now have until December 31, 2019, to submit its living will, a year later than previously required (and following previous extensions).

    Filed under:
    USA, Banking, Insolvency & Restructuring, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    On the horizon - Saudi Arabia’s proposed new insolvency law and commercial pledge law
    2016-03-30

    ON THE HORIZON SAUDI ARABIA’S PROPOSED NEW INSOLVENCY LAW AND COMMERCIAL PLEDGE LAW The pace and scale of current regulatory change in Saudi Arabia is remarkable. 2015 alone saw the long awaited Qualified Foreign Investors regulations open the Tadawul (Saudi stock market) to non GCC investors and the even longer awaited announcement of the new Companies Law, as well as a major overhaul of labour regulation.

    Filed under:
    OECD, United Arab Emirates, Banking, Insolvency & Restructuring, Private Client & Offshore Services, DLA Piper
    Location:
    OECD, United Arab Emirates
    Firm:
    DLA Piper
    eSignature and ePayment News and Trends
    2018-06-29

    Happy National ESIGN Day! Eighteen years ago this week, Congress passed the Electronic Signatures in Global and National Commerce Act, ensuring the legal validity of contracts entered into using electronic signatures and records. National ESIGN Day was established by Senate Resolution 576 and House Concurrent Resolution 290 on June 30, 2010.

    A fact of business today is that customers – both consumers and other businesses – and employees expect to transact digitally. To remain competitive, companies find themselves increasing their efforts to digitally transform their businesses.

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Public, Shipping & Transport, White Collar Crime, DLA Piper, Blockchain, Big data, Cryptocurrency, Electronic signature, Initial coin offering, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Americans with Disabilities Act 1990 (USA)
    Location:
    USA
    Firm:
    DLA Piper
    The implementation of the BRRD in Italy - remarks on the bail-in tool
    2016-03-02

    On 16 November 2015, Italy implemented the European Bank Recovery and Resolution Directive (“BRRD”)1 through the publication in the Italian Official Gazette of the Legislative Decrees no. 180 and no. 181 (the “Decrees” and, respectively, the “Decree 180” and “Decree 181”).

    Filed under:
    Italy, Banking, Insolvency & Restructuring, DLA Piper
    Location:
    Italy
    Firm:
    DLA Piper
    Treasury publishes responses to call for evidence on implementation of problem debt breathing space scheme
    2018-06-20

    On 19 June 2018, the Treasury published its call for evidence response (Response) in respect of the government’s proposed 2017 manifesto pledge to introduce a ‘breathing space scheme’ for serious problem debt (Scheme).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Debt
    Authors:
    Michael McKee
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Revised draft Pre-action Protocol for Debt Claims out for consultation
    2016-01-19

    The Ministry of Justice is consulting on a revised draft Pre-action Protocol for Debt Claims (Debt Protocol) after an earlier version was lambasted by representatives of the credit industry as being totally disproportionate. The new version attempts to strike a more proportionate balance between the needs of creditors, debtors and debt advisors.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Debtor, Debt
    Authors:
    Stewart Plant
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Eighth Circuit Rejects Ponzi Scheme Presumption To Protect Legitimate Loan Repayments
    2018-11-29

    “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud – transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange,” held the U.S. Court of Appeals for the Eighth Circuit on Nov. 20, 2018. Stoebner v. Opportunity Finance LLC, 2018 WL 6055636 at *4 (8th Cir. Nov. 20, 2018), citing Finn v. Alliance Bank, 860 N.W. 2d 638, 653-56 (Minn. 2015).

    Filed under:
    USA, Minnesota, Texas, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Eighth Circuit, U.S. Court of Appeals
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Fifth Circuit affirms secured lender surcharge
    2016-01-05

    A secured lender had to “pay the [encumbered] Property’s maintenance expenses incurred while the [bankruptcy] trustee was trying to sell the Property,” held the U.S. Court of Appeals for the Fifth Circuit on Dec. 29, 2015. In re Domistyle, Inc., 2015 WL 9487732, at *1 (5th Cir. Dec. 29, 2015).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Foreclosure, Fifth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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