Finance Law and Banking Law

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
The SEC’s Transfer Agent Modernization Proposal: Implications For Onchain Recordkeeping
The SEC has proposed a comprehensive overhaul of transfer agent regulations that would formally recognize distributed ledger technology and blockchain-based recordkeeping systems within the existing regulatory framework. This modernization effort imposes enhanced operational, safeguarding, and compliance obligations while establishing technology-neutral standards that could significantly impact tokenization initiatives and digital asset market infrastructure.
United States Finance
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WilmerHale
Article
SEC Calls For Rigor In Private Credit Valuation Practices, Disclosures
The SEC's Office of the Chief Accountant and Division of Investment Management have issued guidance emphasizing rigorous valuation processes for private credit assets, particularly addressing fair value measurement challenges for illiquid instruments. This statement underscores the agency's heightened scrutiny of private fund managers' valuation practices, calling for enhanced documentation, robust calibration methods, and transparent investor disclosures that go beyond boilerplate language.
United States Finance
SR
McDermott Will & Schulte
Article
Can The CFTC Provide Clarity? The CFTC's Anticipated Regulation CTX And Regulation CAM
The Commodity Futures Trading Commission has released an advance notice of proposed rulemaking that could fundamentally reshape how retail crypto asset transactions are regulated in the United States. Through two proposed frameworks—Regulation CTX and Regulation CAM—the CFTC aims to establish comprehensive oversight of crypto exchanges and leveraged digital asset trading, potentially bringing state-licensed platforms under federal jurisdiction.
United States Finance
MV
Moore & Van Allen
Article
California Enacts Sweeping New Regulation Of Commercial Financing
California has once again expanded its regulation of financial services. On September 30, 2026, Governor Gavin Newsom signed Assembly Bill 2116, which will subject a broad range of commercial financing providers and brokers to licensing, substantive conduct requirements, and regulatory oversight by the California Department of Financial Protection and Innovation (DFPI). A legislative analysis of the Bill appears here.
United States Finance
BS
Ballard Spahr LLP
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Article
SEC Calls For Rigor In Private Credit Valuation Practices, Disclosures
The SEC's Office of the Chief Accountant and Division of Investment Management have issued guidance emphasizing rigorous valuation processes for private credit assets, particularly addressing fair value measurement challenges for illiquid instruments. This statement underscores the agency's heightened scrutiny of private fund managers' valuation practices, calling for enhanced documentation, robust calibration methods, and transparent investor disclosures that go beyond boilerplate language.
United States Finance
SR
McDermott Will & Schulte
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Article
Agreements Among Lenders And Unitranche Facilities – A Fresh Look At A Trending Product
Unitranche facilities have become increasingly prevalent in modern financing, offering a blended senior-junior structure documented through a single loan agreement. As this credit product continues to evolve beyond its middle-market origins, questions arise about the enforceability of agreement-among-lenders provisions in bankruptcy proceedings and how courts will treat the unique single-lien structure when disputes emerge between first-out and last-out tranches.
United States Finance
MB
Mayer Brown
Article
Kalish Mullen: "When It Comes To LBO Financing, Managers Must Leave Nothing To Chance"
Partner Kalish Mullen discusses the current LBO financing market landscape, highlighting how strong market liquidity is creating opportunities for quality borrowers to negotiate better terms. He provides strategic guidance on key considerations for management teams navigating financing agreements in an environment of elevated borrowing costs and economic uncertainty.
United States Finance
SR
McDermott Will & Schulte
Article
Between The Hedges: A High-level Comparison Of Rights, Roles, And Market Practice For Hedge Providers In U.S. Leveraged And Project Finance Transactions
How do U.S. leveraged finance and project finance transactions differ in their treatment of hedging counterparties within senior secured credit structures? This analysis examines the documentation architecture, eligibility frameworks, governance mechanics, waterfall priorities, and enforcement coordination that distinguish these two markets' approaches to integrating hedges into collateral packages.
United States Finance
AO
A&O Shearman
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Article
LP-Led CFOs: Their Rise And Key Considerations
Collateralized fund obligations (CFOs) have emerged as a sophisticated securitization tool for institutional investors seeking to monetize their private fund portfolios while retaining upside exposure. This analysis examines the unique structural, tax, and regulatory challenges that distinguish LP-led CFO transactions from their GP-led counterparts, revealing why these deals require more extensive preparation and specialized expertise to execute successfully.
United States Finance
D
Dechert
Article
Five Takeaways From The Private Credit Summit – New York
Private credit industry leaders gathered to discuss emerging trends reshaping the market, from investment grade expansion and secondary market growth to strategic consolidation pressures. Key themes included the structural shift toward IG private credit driven by insurance capital and defense spending, the rapid evolution of secondaries and GP stakes solutions, and the nuanced opportunities emerging from software lending amid headline-driven sell-offs.
United States Finance
D
Dechert
Article
The Financing Problem Behind the AI Infrastructure Boom: What Lenders and Sponsors Need to Watch
As AI infrastructure spending surges toward $697 billion in 2026, hyperscalers and compute providers are increasingly turning to debt, structured financing, and GPU-backed collateral to fund expansion. While demand projections remain bullish, a critical timing gap is emerging between capital deployment and cash flow generation, creating significant risks for lenders, sponsors, and operators across the ecosystem.
United States Finance
R
Riveron
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