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    MF Global's missing money
    2011-11-07

    As MF Global, Inc. declared bankruptcy on October 31st, the CFTC and SEC released a statement advising that MF Global had informed them of possible deficiencies in customer futures segregated accounts. CFTC-SEC Press Release. On November 1st, the Wall Street Journal reported that the FBI is investigating whether MF Global diverted customer funds.

    Filed under:
    USA, Capital Markets, Derivatives, Insolvency & Restructuring, Winston & Strawn LLP, Bankruptcy, Fraud, Futures contract, Subpoena, Severance package, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), FBI, The Wall Street Journal, CME Group, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Lehman Brothers court, building on Semcrude and Swedbank decisions, denies triangular setoff by swap counterparty
    2011-10-11

    The United States Bankruptcy Court for the Southern District of New York (the Court), has held that section 553(a) of the Bankruptcy Code prohibits a swap counterparty from setting off amounts owed to the debtor against amounts owed by the debtor to affiliates of the counterparty, notwithstanding the safe harbor provision in section 561 of the Bankruptcy Code and language in the ISDA Master Agreement permitting the swap counterparty to effect “triangular” setoffs. In re Lehman Brothers Inc., Case No. 08-01420 (JMP)(SIPA) (Bankr. S.D.N.Y. October 4, 2011).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Safe harbor (law), Swap (finance), Debt, Common law, UBS, Lehman Brothers, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman bankruptcy court denies contractual right to three-party setoff in bankruptcy
    2011-10-05

    The Bankruptcy Court for the Southern District of New York has held that a cross-affiliate netting provision in an ISDA swap agreement is unenforceable in bankruptcy. In the SIPA proceedings of Lehman Brothers Inc. (LBI), UBS AG (UBS) sought to offset UBS’s obligation to return excess collateral to LBI against claims purportedly owed by LBI to UBS subsidiaries, UBS Securities and UBS Financial Services.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Collateral (finance), Foreign exchange market, Swap (finance), Concession (contract), Common law, Subsidiary, UBS, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Howard S. Beltzer , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Credit swap agreement ipso facto clause struck
    2011-09-14

    Lehman Brothers Special Financing, Inc. v. Ballyrock ABS-CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.) No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Surety, Debtor, Injunction, Swap (finance), Liquidation, Asset forfeiture, Default (finance), Collateralized debt obligation, Mortgage-backed security, Right to property, Lehman Brothers, US District Court for the Southern District of New York
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Additional states enact NAIC model qualified financial contracts law
    2011-08-29

    Several states have recently added provisions to their insurance rehabilitation and liquidation acts which address the rights of parties to certain derivatives transactions with an insurance company in the event that an order of rehabilitation or liquidation is entered against the insurer. In short, these laws allow parties to exercise certain early termination and close-out netting provisions without regard to the applicable stay mechanism under state insurance insolvency law.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Insurance, Foley & Lardner LLP, Tax exemption, Bankruptcy, Collateral (finance), Swap (finance), Liquidation, Default (finance), Market value, National Association of Insurance Commissioners, Title 11 of the US Code
    Authors:
    Andrew A. Oberdeck
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Key things to know - about derivatives in Uzbekistan
    2016-02-05

    ABOUT DERIVATIVES IN UZBEKISTAN KEY THINGS TO KNOW This paper will focus on the key aspects of the regulation of cross-border cash-settled derivative transactions entered into with an Uzbekistan-incorporated counterparty outside the exchange trading platform. What does Uzbek law say about derivatives? Derivative transactions are not governed by Uzbek law as a separate class of specific commercial transactions. Any cash-settled derivative transactions fall within the regulation of currency law as a transaction associated with an inbound / outbound flow of foreign currency proceeds.

    Filed under:
    Uzbekistan, Banking, Derivatives, Insolvency & Restructuring, Colibri Law
    Location:
    Uzbekistan
    Firm:
    Colibri Law
    Vietnam loosens foreign ownership limit in public companies and provides guidance on debt for equity swaps
    2015-07-02

    On 26 June 2015, Vietnam loosened foreign ownership limits (FOL) in public companies by the adoption of Decree 60/2015 (Decree 60).

    Filed under:
    Vietnam, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Mayer Brown, Public company, Market liquidity, Swap (finance), Debt, Stock exchange
    Authors:
    David Harrison , Quynh-Anh Lam , Van Hai Nguyen
    Location:
    Vietnam
    Firm:
    Mayer Brown JSM
    JPMorgan scores major victory in ongoing Lehman bankruptcy
    2015-10-09

    On Sept. 30, a district court resolved a significant portion of outstanding litigation in the bankruptcy proceeding of Lehman Brothers Holdings Inc. and its subsidiaries.See Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In re Lehman Bros. Holdings Inc.), No. 1:11-cv-06760 (S.D.N.Y. Sept., 30, 2015). This litigation flows from the debtors’ allegations that JPMorgan Chase Bank, N.A. (JPMC) coerced billions of dollars from Lehman on the eve of its bankruptcy filings in September 2008. Lehman Brothers Holdings Inc.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, McGuireWoods LLP, JPMorgan Chase, Lehman Brothers
    Authors:
    John H. Thompson
    Location:
    USA
    Firm:
    McGuireWoods LLP
    US judge rules JP Morgan’s collateral requests to Lehman Brothers in its dying days were mostly okay
    2015-10-04

    A federal judge in New York – the Hon. Richard J. Sullivan – mostly granted JP Morgan Chase Bank’s motion to dismiss claims brought on behalf of unsecured creditors of Lehman Brothers Holdings Inc. related to JPM’s requirement that Lehman Brothers Inc., LBH’s broker-dealer subsidiary, pledge and post extra collateral in September 2008, shortly before LBI filed for bankruptcy protection on September 15, 2008.

    Filed under:
    USA, New York, Banking, Derivatives, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Collateral (finance), JPMorgan Chase, Lehman Brothers
    Authors:
    Gary DeWaal
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    The United States Bankruptcy Court for the Southern District of New York deals loss to Lehman in interpreting loss under ISDA Master Agreement
    2015-09-30

    In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction under an ISDA Master Agreement was appropriate.1 The decision is significant both because of the dearth of judicial interpretation of the ISDA mechanics regarding the calculation of early termination amounts, and because it affirms the general market understanding that a non-defaulting party has broad discretion in calculating “Loss,” so long as its

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, A&O Shearman, Fair market value, Intel, Lehman Brothers, United States bankruptcy court
    Authors:
    Azam H. Aziz , Douglas P. Bartner , Bjorn Bjerke , Geoffrey Goldman , Joel Moss , Solomon J. Noh
    Location:
    USA
    Firm:
    A&O Shearman

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