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
FDIC Files Amicus Brief Supporting Preliminary Injunction Against Oregon’s DIDMCA Opt-Out Law
The Federal Deposit Insurance Corporation (“FDIC”) filed an amicus brief supporting the motion for a preliminary injunction filed by the National Association of Industrial Bankers (“NAIB”), the Online Lenders Alliance (“OLA”), and the American Financial Services Association (“AFSA”) in their challenge to Oregon’s recently enacted opt-out law.
United States Finance
BS
Ballard Spahr LLP
Article
SEC Commissioner Peirce Flags Securities-Law Risks For Crypto Vaults And Onchain Lending
SEC Commissioner Hester Peirce has identified critical securities law issues that may arise from crypto vaults and onchain lending strategies, examining when investment-contract, investment-company, note, and investment-adviser regulations apply. The analysis extends beyond the classification of deposited crypto assets to encompass vault structure, managerial control, portfolio composition, lending terms, and compensation arrangements that may independently bring products within federal securities laws.
United States Finance
GU
Gesmer Updegrove LLP
Article
SEC Proposes to Authorize Electronic Delivery of Documents Required by the Federal Securities Laws and Regulations
The SEC has proposed Regulation E-Delivery, a comprehensive framework that would allow entities to satisfy federal securities law delivery requirements through electronic means without obtaining prior affirmative consent from recipients. This proposal addresses decades of experience with electronic media, advances in communication technologies, and stakeholder preferences, while establishing conditions for e-delivery of information to investors, security holders, and other covered recipients.
United States Finance
AP
Arnold & Porter
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Article
An Age Of Revitalization: US Airport Infrastructure Opportunities
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
United States Real Estate
TL
Torys LLP
Article
SEC Proposes To Greatly Enhance Electronic Delivery Of Required Disclosures Under The Federal Securities Laws
Under SEC-Chairman Paul Atkins, the Securities and Exchange Commission has proposed a new set of rules that would permit electronic delivery as the default method of delivery for all required disclosures under the federal securities laws. [1] If adopted, this would mark a foundational and very welcome shift in how registered investment advisers, investment companies, business development companies, broker-dealers, transfer agents, and other regulated entities may deliver required disclosures to investors, clients, and other market participants.
United States Commercial
ST
Simpson Thacher & Bartlett
Article
Beneath The Surface – Unlocking Development And Funding For Midstream Projects In The UK And Europe
As global demand for critical minerals accelerates, the midstream – the processing and refining of raw materials into usable industrial inputs – is increasingly viewed as a strategically important section of the metals value chain and key to industrial sovereignty. However, despite the strong demand narrative, midstream projects in the UK and Europe face significant challenges.
Worldwide Energy
KL
Herbert Smith Freehills Kramer LLP
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Article
Bankruptcy Court Holds That Receivership Order Divests Debtor’s Manager Of Authority To File Chapter 11 Petition
A secured lender's appointment of a receiver over collateral may trigger a borrower's Chapter 11 bankruptcy filing, potentially causing significant delay and expense. Recent bankruptcy court decisions reveal how specific language in receivership orders can mitigate this risk by divesting debtor management of authority to act on the borrower's behalf.
United States Insolvency
DM
Duane Morris LLP
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Article
SEC Approves Nasdaq’s New $5 Million MVLS Continued Listing Standard
Nasdaq has implemented a new continued listing requirement establishing a $5 million minimum Market Value of Listed Securities threshold, creating immediate delisting risk for companies that fall below this level for 30 consecutive business days. Unlike traditional compliance deficiencies that offer cure periods, this rule triggers automatic suspension without advance warning, fundamentally altering the risk landscape for micro-cap and financially distressed public companies.
United States Finance
GT
Greenberg Traurig, LLP
Article
New Nasdaq Delisting Rule: What Microcap Companies Need To Know About The MVLS Standard
Nasdaq has introduced a new minimum Market Value of Listed Securities (MVLS) requirement of $5 million that carries no cure period and results in immediate suspension upon breach. Unlike other listing standards, companies that fall below this threshold for 30 consecutive business days face delisting without the typical grace period to regain compliance. This analysis examines the rule's mechanics, its implications for microcap public companies, and strategic options available to maintain compliance.
United States Finance
B
Bevilacqua
Article
SEC Approves Nasdaq’s New $5 Million MVLS Continued Listing Requirement
The U.S. Securities and Exchange Commission has approved Nasdaq's new continued listing requirement mandating companies maintain a market value of listed securities of at least $5 million. Companies falling below this threshold for 30 consecutive business days face immediate trading suspension and delisting proceedings with no cure period. What strategic alternatives should listed companies consider to navigate this unprecedented regulatory change?
United States Finance
LS
Lowenstein Sandler
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Article
Flatiron Firm Scores $55M For New Greenwich Village Development
A Greenwich Village real estate developer has secured $55 million in financing from G4 Capital Partners to fund the demolition of two adjacent residential buildings and construct a new 56,000-square-foot development. The pre-development loan will support AG Paratus's plans to raze the existing structures at 111-113 E. 12th Street and replace them with a significantly larger project, though the specific use of the new development remains undetermined.
United States Real Estate
CS
Cole Schotz P.C.
Article
Illinois Adopts Regulations Governing Shared Appreciation Agreements
Illinois has adopted comprehensive regulations governing shared appreciation agreements, also known as home equity contracts or investments. These new rules establish detailed licensing requirements, disclosure obligations, and consumer protections for originators and servicers of these financial products, which allow consumers to receive money in exchange for a future interest in their home's value.
United States Finance
MB
Mayer Brown
Article
Waiting For The Sun - Recent Transactions
Cadwalader's real estate finance team has successfully closed several major transactions spanning student housing portfolios, luxury resort acquisitions, office complex refinancings, industrial warehouse facilities, and cold-storage properties. These deals range from $39.25 million to $1.435 billion and involve diverse property types across multiple states, demonstrating the firm's comprehensive capabilities in commercial real estate lending and acquisition financing.
United States Finance
HL
Hogan Lovells Cadwalader
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