Finance Law and Banking Law

The SEC Staff has issued no-action guidance clarifying that certain data center securitizations structured with the issuing entity owning the facility directly are not "asset-backed securities" under the Exchange Act. This determination hinges on whether data centers qualify as "self-liquidating financial assets" and has broader implications for similar financing structures across multiple asset classes including real estate, whole business securitizations, and collateralized fund obligations.

In leveraged and asset-based lending, the unitranche structure offers a sophisticated approach to allocating risk and return among lenders within a single credit facility. How do first out and last out arrangements work in practice, and what critical provisions should lenders negotiate to protect their interests? This analysis examines the mechanics, economic features, and key considerations that inform participation decisions in these increasingly popular financing structures.

U.S. CLO and asset-based loan markets demonstrated remarkable resilience through a turbulent first half of 2026, absorbing tariff shocks, credit downgrades, and geopolitical tensions while maintaining robust issuance levels. With a large pool of deals ready for refinancing, improving spreads, and favorable regulatory developments, the market is positioned for a potentially record-breaking second half as investor appetite remains strong and new financing structures continue to evolve.

Explore the latest developments in sustainable energy and infrastructure, from attorney insights and DOE financing myths to M&A activity in solar, EV charging, and clean energy sectors. Discover how legal expertise, strategic investments, and regulatory updates are shaping the future of renewable energy markets.

Space related assets are becoming investable for infrastructure investors, but not uniformly and not on conventional terms.

As commercial air travel surges past pre-pandemic levels with 1.1 billion passengers in FY2024, US airports face unprecedented demand for modernization. Major transformations at LaGuardia, JFK, and LAX demonstrate how public-private partnerships are delivering multi-billion dollar terminal redevelopments, automated transit systems, and consolidated facilities. With Washington Dulles seeking complete terminal replacement and new airports like Chicago's South Suburban project in procurement, the private secto

BNP Paribas is seeking a Vice President - Legal Counsel to serve on the Asset Finance & Securitization (“AFS”) Legal team.

The global aviation leasing and finance market continues to navigate an era of unprecedented geopolitical risk.

Adopting Accounting Standards Codification (ASC) 842, Leases, introduces new considerations for companies with leases. One such complex consideration is accounting for the potential impairment...

The Federal Reserve Board has proposed the first comprehensive update to mutual holding company regulations since 2011, aiming to improve capital access for mutual banking organizations. The proposal would clarify that mutual capital certificates and special deposits can qualify as regulatory capital, streamline dividend waiver procedures, and eliminate outdated procedural requirements inherited from the former Office of Thrift Supervision.

The Federal Deposit Insurance Corporation has released a request for comment on new reporting requirements for FDIC-supervised Permitted Payment Stablecoin Issuers, introducing comprehensive weekly and quarterly reporting obligations. These proposed forms would require detailed disclosures about stablecoin activity, reserve assets, trading volumes across exchanges, and financial condition metrics.

The Health Resources and Services Administration has announced a revised 340B Rebate Model Pilot Program for drugs subject to Medicare's Maximum Fair Price, expanding eligibility to manufacturers with selected drugs for 2026 and 2027. The program introduces new data requirements, dispute resolution mechanisms, and stricter compliance monitoring while addressing stakeholder concerns about administrative burden and program integrity.