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US Covered Bonds – Senate Introduces Legislation to Encourage Market Development
15 November 2011
Publication
On November 9, 2011, Senator Kay Hagan (D-NC) and Senator Bob Corker (R-TN) and co-sponsors Chuck Schumer (D-NY) and Mike Crapo (R-ID) introduced the "The United States Covered Bond Act" to the United States Senate. The bi-partisan Senate bill is intended...
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Structured finance
The structured finance market is characterised by its constantly changing nature and by the highly innovative financing techniques and products developed to adapt to such changes.
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Scope of permitted expert evidence in structured investment products litigation
25 January 2011
Publication
This recent case is one of the first to address the issue of expert evidence in an action involving the sale of accumulator products by a financial institution.
Acting for a bank in a mis-selling claim by a client in respect of accumulator contracts, Clifford...
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Neuerungen für Immobilienfonds - September 2010
17 February 2011
Publication
Anlässlich des neulich veröffentlichen Regierungsentwurfs eines Gesetzes zur Stärkung des Anlegerschutzes und Verbesserung der Funktionsfähigkeit des Kapitalmarkts haben wir einen neuen Newsletter "Neuerungen für Immobilienfonds"...
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New withholding tax on indirect bond issuances
8 July 2011
Publication
The Italian government has just introduced new legislation which is intended to regulate the tax regime of indirect bond issuances, including those made by a foreign affiliate of an Italian non-listed company and guaranteed by that Italian company. The new legislation...
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SPV comparison - choosing between a Dutch, an Irish and a Luxembourg SPV
14 October 2011
Publication
The Netherlands, Ireland and Luxembourg are very popular onshore jurisdictions for the establishment of SPVs (special purpose vehicles) for structured finance transactions. As the markets have become more innovative and efficient in recent years, each jurisdiction...
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Eurosail Appeal - more navigating troubled financial waters
11 March 2011
Publication
Following our client briefing of earlier this week on the Eurosail appeal case we now attach a further article which explores in more detail the reasoning behind the Court of Appeal decision and its implications for the asset-backed market and a wider range of...
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Eurosail Appeal - navigating troubled financial waters
10 March 2011
Publication
The Court of Appeal has reinterpreted the test for balance sheet insolvency under section 123(2) of the Insolvency Act 1986 and has made it a more complex and subjective process but this should help in preserving asset-backed structures.
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CFTC's Proposal to Repeal or Restrict Exemptions from Commodity Pool Operator and Commodity Trading Advisor Regulation
5 May 2011
Publication
The Commodity Futures Trading Commission (the "CFTC") has proposed rules that would remove the exemptions that many US fund managers and non US fund managers of US funds currently rely on to avoid the need to register as commodity pool operators ("CPOs")...
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Update: New Information and Disclosure Requirements for Banks in Relation to Spread Ladder Swaps - May 2011
19 May 2011
Publication
On 22 March 2011, Germany's highest court in civil matters, the Bundesgerichtshof (BGH) decided on certain information and disclosure requirements for banks in the context of CMS Spread Ladder Swaps. Our newsletter dated March 2011 has already summarised certain...