Dec 04, 2023 FSOC Issues Framework and Guidance on Process and Standards for Nonbank “Systemically Important Financial Institution” Designation By David Sewell Brian Rance Jerome Ranawake Timothy Clark Francesca Loreto Ross Weiser +3 more... Show less On November 3, 2023, the Financial Stability Oversight Council (the FSOC) published two documents that clarify how the FSOC interprets...
Mar 14, 2023 Protecting Assets and Guarding Against Counterparty Risk By Brian Rance Jerome Ranawake Below are a number of actions[1] that your company may wish to consider to better protect its assets in the event of insolvency of a bank...
Feb 22, 2023 Federal Reserve Board Denies Application of Crypto-Focused Bank “Custodia” over Money Laundering and Terrorism Financing Concerns By Nabeel Yousef Timothy Howard Stephanie Brown Cripps Andrew Bulovsky Adam Silow +2 more... Show less On January 27, 2023, the Federal Reserve Board (FRB) announced its denial of Custodia Bank, Inc.’s (Custodia) application—a...
Dec 16, 2022 Freshfields Team Authors Anti-Corruption Practice Guide By Eric Bruce Justin Simeone The Biden Administration has made clear that efforts to counter corruption are a core pillar of the country’s national security strategy....
Dec 08, 2022 Freshfields partner and co-head of US Corporate and M&A Ethan Klingsberg talks M&A and capital markets in 2023 with Bloomberg TV By Ethan Klingsberg Partner and co-head of US Corporate and M&A Ethan Klingsberg recently appeared on Bloomberg TV during "Bloomberg Markets: Americas" to...
Jun 14, 2022 DOJ Pursues Criminal Prosecutions Related to Use of Cryptocurrency to Evade Sanctions By Olivia Radin Timothy Howard Kimberly Zelnick Stephanie Brown Cripps Jane Peng Andrew Bulovsky +3 more... Show less On May 13, 2022, Magistrate Judge Zia Faruqui released a redacted Memorandum Opinion disclosing that the US Department of Justice (DOJ)...
Jun 06, 2022 Pressure Builds to Resolve Lack of Access to Audit Papers of Chinese Listed Companies By Michael Levitt Jeremy Barr Isaac Ellman On May 24, 2022 YJ Fischer, the director of the U.S. Securities and Exchange Commission Office of International Affairs, gave a speech on...
May 31, 2022 Equity Lines of Credit Increasingly Being Used to Enhance Company Liquidity By Michael Levitt Valerie Ford Jacob Jennifer Burrow U.S. public companies seeking additional liquidity are increasingly looking to raise capital through equity lines of credit. Under an...
Apr 12, 2022 SEC Issues Proposing Release to Remove References to Credit Ratings from Regulation M By Jeremy Barr Isaac Ellman On March 23, 2022 the Securities and Exchange Commission (the “SEC”) issued a proposing release (the “Release”) to implement changes to...
Apr 11, 2022 SPAC to the Future? SEC Takes Aim at the De-SPAC By Michael Levitt Valerie Ford Jacob Pamela Marcogliese The SEC has issued its long-awaited rule proposals regarding SPACs and de-SPACs. The proposals, if adopted, will significantly alter the...
Mar 16, 2022 Death by a Thousand Cuts: Cumulative Trustee-Friendly Rulings on Bankruptcy Code Claw Back Provisions Are Unfairly Burdening Subsequent Transferees By David Livshiz Madlyn Primoff Timothy Harkness Christian Vandergeest +1 more... Show less The Supreme Court recently denied certiorari in Picard v. Citibank, in which the petitioner sought review of a Second Circuit decision on...
Mar 15, 2022 Biden Administration Sets the Stage for Review of Digital Assets By Kimberly Zelnick Brock Dahl Francesca Loreto On March 9, 2022, President Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets. The Executive Order...