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    International Comparative Legal Guides - Derivatives 2021 - Australian chapter
    2021-07-08

    Derivatives specialist Louise McCoach has authored the 2021 Australia chapter of the ‘International Comparative Legal Guide - Derivatives 2021’, which summarises the laws and regulations of derivatives in Australia. The chapter covers documentation and formalities, credit support, regulatory issues, insolvency/bankruptcy, close-out netting, taxation and bespoke jurisdictional matters and market trends in the Australian derivates market.

    Filed under:
    Australia, Capital Markets, Derivatives, Insolvency & Restructuring, Tax, White Collar Crime, Gilbert + Tobin, Libor, Money laundering, Australian Securities and Investments Commission, Aon, Corporations Act 2001 (Australia)
    Authors:
    Louise McCoach
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    UK Supreme Court confirms the validity of the 'flip' clause
    2011-08-04

    In its ruling on Wednesday 27 July in the matter of Belmont Park Investments PTY Ltd v BNY Corporate Trustee Services Lte & Anor [2011] UKSC 38 the Supreme Court of the United Kingdom has dismissed the appeal by Lehman Brothers Special Finance Inc. ("LSF") relating to the validity of an alleged anti-deprivation provision known as a 'flip' provision which, has the effect of altering the payment priority order as a result of a bankruptcy of the relevant swap counterparty, in this case Lehman Brothers.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Contractual term, Bankruptcy, Breach of contract, Swap (finance), Good faith, Default (finance), Lehman Brothers, Credit rating agency, Supreme Court of the United States, UK Supreme Court
    Authors:
    Martin Bartlam
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    U.S. Supreme Court Declines Review of Landmark Tribune Safe Harbor Ruling
    2021-05-21

    On April 19, 2021, the U.S. Supreme Court declined to hear the appeal of a landmark 2019 decision issued by the U.S. Court of Appeals for the Second Circuit regarding the applicability of the Bankruptcy Code's safe harbor for certain securities, commodity, or forward contract payments to prevent the avoidance in bankruptcy of $8.3 billion in payments made to the shareholders of Tribune Co. as part of its 2007 leveraged buyout ("LBO").

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Jones Day, Safe harbor (law), Supreme Court of the United States, Second Circuit
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The impact of the Corporate Insolvency and Governance Act 2020 on loan documentation and practice
    2021-04-27

    Almost a year has now passed since the Corporate Insolvency and Governance Act 2020 (CIGA) first entered force on 26 June 2020. According to the Explanatory Notes that accompanied CIGA, “the overarching objective of [the Act] is to provide businesses with the flexibility and breathing space they need to continue trading during this difficult time”. To this end, CIGA introduces a number of permanent and temporary amendments to the UK’s insolvency landscape which are aimed at ensuring businesses can maximise their chances of survival against the backdrop of the COVID-19 pandemic. 

    Filed under:
    European Union, United Kingdom, Derivatives, Insolvency & Restructuring, Public, Stevens & Bolton LLP, Brexit, Coronavirus
    Authors:
    Jonathan Porteous , Matthew Padian
    Location:
    European Union, United Kingdom
    Firm:
    Stevens & Bolton LLP
    Avianca’s Future Flow Financing - Not Quite Déjà Vu
    2021-04-15

    The Colombian airline Aerovias Nacionales de Colombia S.A. – Avianca (“Avianca”) has made a habit of accessing the structured credit markets by monetizing its expected stream of credit card receivables, filing for U.S. Chapter 11 protection when in distress, and then challenging the structured credit agreements to which it had committed. Recently, Avianca reached a settlement with the lenders to its existing future flow receivables transaction, entered into in December 2017, which will result in a restructured loan facility.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Mayer Brown, Coronavirus
    Authors:
    Douglas A. Doetsch , Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Succession to Exclusive Jurisdiction Clauses, and the fine line between Commercial and Insolvency Proceedings - ING Bank v Banco Santander
    2021-01-15

    In ING Bank N.V. & Anor v.

    Filed under:
    Belgium, European Union, United Kingdom, Banking, Derivatives, Insolvency & Restructuring, Litigation, Public, Mishcon de Reya LLP, Brexit
    Authors:
    Olivia Wybraniec , Derval Walsh
    Location:
    Belgium, European Union, United Kingdom
    Firm:
    Mishcon de Reya LLP
    FIG Bulletin 18 May 2020
    2020-05-18

    Recent regulatory developments of interest to all financial institutions. Includes key COVID-19 updates from the UK FCA, AML/CTF updates and more.

    COVID-19: FCA statement on handling of post and paper documents

    On 13 May 2020, the Financial Conduct Authority (FCA) published a statement on how firms should handle post and paper documents during the COVID-19 pandemic.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Compliance Management, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, White Collar Crime, Hogan Lovells, Corporate governance, Digital currency, Money laundering, Due diligence, Arbitrage, Personal data, Coronavirus, Financial Conduct Authority (UK), European Commission, Financial Stability Board, HM Revenue and Customs (UK), European Banking Authority, Bank for International Settlements, Financial Action Task Force, Credit rating agency, Bank of England, European Systemic Risk Board, European Securities and Markets Authority, International Association of Insurance Supervisors, European Central Bank, GDPR
    Location:
    European Union, United Kingdom
    Firm:
    Hogan Lovells
    Dealing with stressed counterparties: Section 2(a)(iii) of the ISDA Master Agreement and the “Out of the Money” position
    2020-05-07

    In the light of increased volatility across many markets and disruptions to economic activity, parties to transactions that are subject to ISDA Master Agreements1 will need to think about what strategies they would adopt if an Event of Default occurs with respect to their counterparties.

    Choices

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP
    Authors:
    Brett Hillis , Ray-Shio Ho , Kyri Evagora , Hagen Rooke , Kohe Hasan , Richard G. Swinburn
    Location:
    USA
    Firm:
    Reed Smith LLP
    CFTC Proposes Major Revamp of Its Bankruptcy Rule; Changes Mostly Codify Status Quo
    2020-05-03

    The Commodity Futures Trading Commission proposed its first comprehensive overhaul of its bankruptcy rules since 1983. The recommended new rules do not substantively change anything but codify many CFTC interpretations and views developed over 40 years and refresh references to means of communication and recordkeeping practices to reflect current norms.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Commodity Futures Trading Commission (USA)
    Authors:
    Gary DeWaal
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    CFTC Proposes First Comprehensive Rewrite of Bankruptcy Rules Since 1983
    2020-04-28

    How does one go bankrupt? Two ways — gradually and then suddenly.

    (Paraphrase of Hemmingway, by way of CFTC Chairman Heath Tarbert)

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Sidley Austin LLP, Coronavirus, Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Authors:
    Teresa Wilton Harmon , Nathan A. Howell , Alex R. Rovira , Michael S. Sackheim , Allison Ross Stromberg
    Location:
    USA
    Firm:
    Sidley Austin LLP

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