Category: Uncategorized

New SEC Climate-Related Disclosure Rules and Caremark Implications

BY: Erin Hunter In their 2019 report, the World Economic Forum identified varying types of environmental risk as three of the top five global risks in their Global Risk Perception Survey. These risks range from extreme weather events to loss of biodiversity and failure of climate policy. In response to increased awareness of the broad […]

CFPB Regulations Target Big Tech

BY: Michael Sutton In 2021, the Consumer Financial Protection Bureau (“CFPB”) began investigating Big Tech companies offering digital payment services, including Apple, Google, and Facebook. The CFPB ordered them to produce information regarding personal financial data use and access management. The CFPB’s primary concerns were behavioral targeting or sale of data to third parties, the […]

Wielding the Bankruptcy Code: When and How to Renegotiate Debt with Your Demanding Creditors

BY: Joseph Wenzel The Bankruptcy Code provides numerous protections for debtors facing ravenous creditors who seek to take their bite of the estate. A court “stays” (or pauses) the creditor’s abilities to seek repayment or exercise their liens on the debtor. The court can “cramdown” creditors under certain conditions, forcing them to take unfavorable repayment […]

BlackRock Cuts Support for Shareholder ESG Proposals

BY: Michael Gersho In the past decade businesses have increasingly focused on incorporating socially and environmentally conscious factors into their decision-making processes, often under the label of ESG (environmental, social, and governance). However, the backlash against ESG has been swift, and large asset managers like Blackrock are taking note. Blackrock, along with Vanguard and State […]

ESG: a Risk management Tool for Investors

BY: Omar Safi Environmental, social, and governance (“ESG”) funds have grown rapidly over the world and have become a major source of investment for investors and managed assets. ESG has become the center of attention for investment and management, as trillions of dollars have accumulated in investments for ESG related products. The prominence and rise […]

Fannie, Freddie, FHFA, Treasury: Litigating The Net Worth Sweep

BY: Marcus Mello Since 2013, an onslaught of litigation stemming from the federal government’s regulatory response to the 2008 housing collapse has played out in federal district and claims courts. Plaintiff-shareholders of Fannie Mae and Freddie Mac have taken the Federal Housing Finance Agency (“FHFA,” the conservator of Fannie and Freddie) and the U.S. Treasury […]

New SEC Disclosure Requirements for the Private Funds Industry

BY: Henry Colocotronis On August 23, 2023, the Securities and Exchange Commission (“SEC”) released final rules imposing new disclosure requirements on private fund advisers and restricting their ability to offer preferential terms to favored investors. Supporters argue that these regulations are long overdue given ordinary investors’ increased exposure to the industry, but critics believe that they […]

AT1 Bond Market Still Vibrant as Ever!

BY: Marc Woernle On June 12, 2023, UBS completed their acquisition of Credit Suisse, following controversial intervention from the Swiss regulator FINMA, and an effective wipeout of the holders of certain special bond classes, namely “AT1” bonds, after which holders of Credit Suisse equity received 1 UBS share for each 22.48 Credit Suisse shares. This […]

Modernization of Cosmetics Regulations Act (MoCRA)

BY: Elisabeth Kotsalidis The Modernization of Cosmetics Regulation Act (MoCRA) was signed into law on December 29, 2022.  MoCRA is the first major update to the Food and Drug Administration’s (FDA) rulemaking and enforcement authority over the cosmetics industry since 1938. It was crafted with support and input from the Food and Drug Administration, consumer […]

Developments in the Chinese Stock Market

BY: Andrew Andrade A Hong Kong court on January 29, 2024, ordered Evergrande Group, one of the largest Chinese real estate companies, to liquidate. This order is the result of a series of bankruptcy filings by the former real estate giant. Evergrande had been one of the world’s most valuable real estate brands between 2016 […]