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    Joint Forum releases review of the differentiated nature and scope of financial regulation
    2010-01-09

    Yesterday the Joint Forum, a group established in 1996 by the Basel Committee on Banking Supervision (BCBS), the International Organization of Securities Commissions (IOSCO) and the International Association of Insurance Supervisors (IAIS) to deal with issues common to the banking, securities, and insurance sectors, released “Review of the Differentiated Nature and Scope of Financial Regulation – Key Issues and Recommendations”, which addresses key issues and recommendations on the differenti

    Filed under:
    Global, Banking, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Hedge funds, Credit risk, Mortgage loan, Financial regulation, Underwriting, Capital requirement, Leverage (finance), Parent company, Financial Stability Board, Office of the Comptroller of the Currency
    Authors:
    Alice Green
    Location:
    Global
    Firm:
    Alston & Bird LLP
    Updates related to Lehman Brothers’ domestic and foreign entities
    2008-10-17

    Bankruptcy Court Hearing Regarding Sale of Lehman’s Investment Management Division

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Asset management, Investment management, Hedge funds, Investment banking, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Clawback of fraudulent transfers from investors—“good faith” defense update
    2010-09-30

    Given the overarching Madoff Ponzi scheme as well as other mini-Madoff schemes that surfaced in its wake, many have been following issues arising from the ability of a trustee to claw back transfers (either as preferential or as fraudulent transfers) from investors who redeemed their interests in a private investment fund or managed account that turned out to be a Ponzi scheme. The law generally provides that an investor’s principal investment is protected so long as it is received in good faith and for value.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Fraud, Statute of limitations, Limited liability company, Hedge funds, Legal burden of proof, Good faith, Investment funds, United States bankruptcy court, US District Court for SDNY
    Authors:
    Jeff J. Friedman
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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