Finance & Bankruptcy Law Blog

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedin...

https://www.financeandbankruptcylawblog.com/supreme-court-finds-bankruptcy-code-abrogates-tribal-sovereign-immunity.html

Over the last several years, the Securities and Exchange Commission (the “SEC”) and the Commodities Futures Trading Commission (“CFTC”) have been laser-focused on the use of so called “...

https://www.financeandbankruptcylawblog.com/sec-off-channel-communications-sweep.html

Critics are warning that the SEC’s recently proposed rule (the “Proposed Rule”) prohibiting conflicts of interest in asset-backed securities (ABS) transactions may impede the ability of fin...

https://www.financeandbankruptcylawblog.com/secs-proposed-conflicts-of-interest-rule-may-impede-hedging.html

As market participants prepare to submit comments on the recent proposal of the UK’s Financial Conduct Authority (the “FCA”) (available here) to require the temporary publication of a “sy...

https://www.financeandbankruptcylawblog.com/synthetic-usd-libor.html

The new Ginnie Mae issuer financial requirements, first published on August 17, 2022 in APM 22-09 by joint announcement with the Federal Housing Finance Agency, are scheduled to take effect in tw...

https://www.financeandbankruptcylawblog.com/more-trouble-ahead-for-the-mortgage-industry-if-ginnie-maes-risk-based-capital-requirements-take-effect.html

On August 12, 2022, the CFTC issued a final rule modifying its clearing requirement for interest rate swaps (“IRS”). The final rule updates the types of IRS required to be submitted to a regi...

https://www.financeandbankruptcylawblog.com/cftc-amends-clearing-requirements.html

On June 9, the California Office of Administrative Law (OAL) approved the Department of Financial Protection and Innovation’s (DFPI) proposed commercial financing disclosure regulations issued ...

https://www.financeandbankruptcylawblog.com/california-approves-commercial-financing-disclosure-regulations.html

The practice of appointing one or more independent directors to the boards of distressed companies has not only proliferated in recent years, but has become the subject of increasing controversy....

https://www.financeandbankruptcylawblog.com/the-role-of-the-independent-director-in-a-restructuring.html

During times of corporate uncertainty, the company’s message to customers, vendors and employees can either instill confidence or foster anxiety. This holds true more than ever in the digital a...

https://www.financeandbankruptcylawblog.com/communicating-distress-in-the-digital-era.html

Members of Sheppard Mullin’s Finance & Bankruptcy team recently co-authored an article entitled “When the Other Shoe Drops: Drivers of the Next Restructuring Cycle” with experts from leadin...

https://www.financeandbankruptcylawblog.com/sheppard-mullin-and-m3-partners-weigh-in-on-the-potential-drivers-of-the-next-restructuring-cycle-for-the-abi-journal.html