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The rise of portability in European high yield bonds: Have bond, will travel
15 May 2013
Publication
High yield bonds have become increasingly attractive to sponsors in financings and, most importantly, refinancings. Sustained liquidity and growing investor demand, coupled with the reduced availability of new M&A credits, has driven the inclusion of flexible...
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Pulibcation of the first Final US Export Control Reform Rules: Don't be surprised, be prepared
3 May 2013
Publication
The first set of final Export Control Reform rules should have caught no one by surprise given the steady drumbeat since 2009 announcing the US government's intent to rethink its entire approach to protecting sensitive US technology. These new rules, published...
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Emily DiStefano joins Clifford Chance as Asset Finance partner
1 May 2013
News
NEW YORK (May 1, 2013) — Leading international law firm Clifford Chance today announced that Emily DiStefano has joined the firm as an Asset Finance partner in New York, further bolstering one of the world's leading aviation finance practices.
DiStefano is highly...
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Beyond Dish Network: Further Developments in Designating the Votes of Claims Purchased in Bankruptcy
19 March 2013
Publication
The decision of the United States Court of Appeals for Second Circuit in Dish Network Corp. v. DBSD North America, Inc. (In re DBSD North America, Inc.) ("DBSD") put those who trade in distressed debt on notice that courts may scrutinize claims...
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Is Spring returning for European CLOs?
8 March 2013
Publication
Since the onset of the financial crisis there has been a dearth of CLO issuance in Europe, while on the other side of the Atlantic the market has rebounded healthily. Now, at long last, green shoots are beginning to emerge in a European thaw. In this article...
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Recent DOL Advisory Opinion Clarifies Role of ERISA With Respect to Cleared Swap Transactions Involving ERISA Plans
7 March 2013
Publication
On February 7, 2013, the U.S. Department of Labor ("DOL") issued Advisory Opinion 2013-01A (the "Advisory Opinion"), which clarified the application of the fiduciary responsibility and prohibited transaction provisions of the U.S. Employee...
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MF Global UK – Client money entitlement: Hindsight is not such a wonderful thing for some $244m client money claimants
12 February 2013
Publication
More than a year after the appointment of special administrators in relation to the UK broker MF Global UK Limited, clients with client money claims held on trust at the firm were still unclear as to how much they were entitled to receive. The delay was a result...
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Sovereign pari passu clauses: don't cry for Argentina - yet
11 December 2012
Publication
Holdout creditors who refused to take part in Argentina's two debt restructurings have won a major victory in the New York courts by relying on a pari passu clause, overturning the conventional wisdom as to the meaning of this clause. The courts decided that...
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Can the Gaming Enterprise of a Native American Tribe be a 'Debtor' under the US Bankruptcy Code?
8 August 2012
Publication
On July 2, 2012, the Santa Ysabel Resort and Casino, owned and operated by the Iipay Nation of Santa Ysabel on its reservation land in Santa Ysabel, California, filed for protection under Chapter 11 of the US Bankruptcy Code. This case highlights unresolved issues...
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Assessing Reverse Payment Settlements Under The Antitrust Laws: A Split Among Circuit Court of Appeals
18 July 2012
Publication
The U.S. Third Circuit Court of Appeals' K-Dur decision, addressing what standard should be applied by the courts in evaluating whether certain settlements of patent lawsuits between generic and patent-holding manufacturers are legal under the antitrust...