National Labor Relations Board Finishes 2019 with a Flurry of Significant...
In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions...
View ArticleCFTC Finalizes Regulation Amendments: Certain Registered and Exempt CPOs and...
The Commodity Futures Trading Commission published in the Federal Register on December 10, 2019 several amendments to the regulatory framework applicable to certain commodity pool operators (CPOs) and...
View ArticleCloud Solutions Allowed for Encrypted, Unclassified Defense Data
The State Department’s Directorate of Defense Trade Controls (“DDTC”) published an interim final rule on December 26, 2019, bringing the International Traffic in Arms Regulations’ (“ITAR”) treatment...
View ArticleBrexit Manoeuvres: Brexit 2020 – The Year Ahead
Following the UK General Election on 12 December, the government now has the parliamentary majority it needs to enact its Brexit policy: an orderly exit from the EU on 31 January followed by a...
View Article2020: An Outlook
One of the good things about the 24/7 news cycle, perhaps one of its few positive externalities, is that it’s a boon for the pontification business. It enables all sorts of otherwise serious people to...
View ArticleSEC Proposes Rule Changes Applicable to BDCs’ Use of Derivatives and Other...
The U.S. Securities and Exchange Commission on November 25, 2019 unanimously approved for publication a rule proposal related to the use of derivatives and certain other transactions by companies that...
View ArticleDo Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual,...
Yes, says the Third Circuit. The Third Circuit recently held that the Bankruptcy Court has the authority to confirm a chapter 11 plan which contains nonconsensual, third-party releases when such...
View ArticleLegislation and Case Law in France / Second Half-Year 2019
Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five...
View ArticleNo Futility Exception: Where Transferee is on “Inquiry Notice,” No Good Faith...
Answering “no” to a certified question from the Fifth Circuit, the Supreme Court of Texas held that a transferee on inquiry notice of fraud cannot shield itself from clawback without diligently...
View ArticleU.S. and China Sign Phase 1 Trade Deal – A Large Purchase Agreement, While...
On January 15, 2020, U.S. President Trump and Chinese Vice Premier Liu He signed a Phase 1 trade deal between the countries. The agreement includes a pledge from China to increase its imports of U.S....
View ArticleFinancial Services Quarterly Report - Fourth Quarter 2019: New Limited...
The Hong Kong Financial Secretary announced in his 2019-20 Budget speech that the government was seeking to establish a limited partnership regime for funds (LPF), in order to facilitate industry...
View ArticleImplementing FIRRMA: Highlights from CFIUS’ Final Regulations
On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), finalized two sets of regulations to implement the...
View ArticleImplementing FIRRMA: CFIUS’ Real Estate Final Regulations
On January 13, 2020, the U.S. Treasury Department, as chair of the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), issued a final set of regulations (“Real Estate...
View ArticleFinancial Services Quarterly Report - Fourth Quarter 2019: To Compliance and...
A recent Dechert OnPoint, No Reward for Good Behaviour: The Central Bank’s Approach to Enforcement, examined new guidance of the Central Bank of Ireland (Central Bank) regarding the enforcement...
View ArticleCase law update – France / Second semester of 2019
This newsletter summarises four significant judicial decisions over recent months. 1. The purpose of a probation period is for the employee’s skills to be assessed. Therefore an employee’s absence...
View ArticleSecond Circuit Paves a Way to Protect LBO Payments from Avoidance Actions
The Second Circuit Court of Appeals recently held in In re Tribune Company Fraudulent Conveyance Litigation, No. 13-3992-cv (L) (2d Cir., Dec. 19, 2019) that Bankruptcy Code Section 546(e) barred...
View ArticleFinancial Services Quarterly Report - Fourth Quarter 2019: Marketing Foreign...
The UAE Security and Commodities Authority (SCA) released updated fund regulations covering locally domiciled funds in 2016, and the following year released further regulations covering the promotion...
View ArticleFinancial Services Quarterly Report - Fourth Quarter 2019: Developments in...
The Luxembourg government and the CSSF recently have taken a number of measures to combat money laundering and terrorist financing. In other developments: the current Luxembourg Brexit laws will be...
View ArticleIt’s Time to Originate a SOFR Loan! Really!
It is time to start originating Single Asset Single Borrower (SASB) large loans priced on SOFR. There, I said it. Not just LIBOR indexed loans containing a SOFR fall back when LIBOR inevitably goes...
View ArticleThe U.S. Supreme Court Holds that Orders Granting or Denying Lift Stay...
The consequences of an order or judgement being final or interlocutory are enormous. An order from an interlocutory order requires leave since these orders are not appealable as of right. In addition,...
View Article
