Finance Law and Banking Law

As climate-related risks intensify and infrastructure demands grow, how can resilience infrastructure strengthen economies and communities? This discussion examines the distinction between resilience infrastructure and resilient infrastructure, exploring investment opportunities in emerging markets and the role of blended finance in unlocking institutional capital. The conversation delves into key considerations for investors and the future of resilience-focused infrastructure development.

Arizona's new State Affordability Infrastructure District framework becomes operational on September 14, creating unprecedented opportunities for developers to finance public infrastructure through a statewide vehicle. As the first formation petitions are prepared, critical decisions about district boundaries, financing structures, and bond capacity will determine the success of projects across the state.

Electric generation projects rarely get built, let alone financed, without a long-term contract locking in revenue. That contract, referred to as an offtake agreement, determines whether a project can attract limited-recourse debt and whether investors are willing to commit capital to construction.

An Ohio-based bank holding company has announced a $728.1 million all-stock acquisition of a Maryland-based bank holding company, creating a combined institution with approximately $14 billion in assets. The transaction will push the acquirer over the critical $10 billion asset threshold, triggering direct CFPB supervision and additional regulatory requirements.

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.

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.

Courts in Delaware and New York recently have dismissed with prejudice parallel putative class actions challenging mutual fund NAV accounting practices. The decisions are important victories for advisers to registered funds. Both cases asserted claims under the Securities Act of 1933, alleging that equity mutual funds misstated NAV by treating accrued dividends and realized capital gains as assets rather than liabilities.

Trump v. California: On August 24, 2026, the U.S. Supreme Court paused an injunction issued by the U.S. District Court for the District of Massachusetts and allowed the Trump administration to move forward with implementation of a March 2026 executive order affecting mail voting in 23 states and the District of Columbia.

A federal court decision clarifies critical enforcement rights under UCC Article 9 for lenders in partner and investor loan programs, addressing the 10-day notice safe harbor, commercial reasonableness standards, and timing requirements for collateral disposition notices. The ruling provides essential guidance on foreclosure procedures when limited partnership interests serve as loan collateral.

Structured credit plays a vital role in private credit markets by pooling loans, receivables, and cash-flowing assets to create tailored investment opportunities across various risk-return profiles.

Asset-based lending against in-transit inventory presents unique legal challenges as lenders navigate UCC Article 7 requirements, negotiable documents of title, and the emerging landscape of electronic bills of lading. This analysis examines how ABL lenders can structure security interests to protect their position when goods are moving through the supply chain, from traditional paper documentation to modern electronic platforms.

Matt Bisanz and Tom Killian discuss innovative approaches to regulatory recognition of commercial real estate risk transfer in US banking. The conversation examines how banking agencies can enable responsible growth in commercial real estate lending while maintaining appropriate risk management standards.