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Following the Basel Brick road: Significant risk transfers in 2025

The global financial crisis exposed critical vulnerabilities in the banking sector, prompting swift action from the Basel Committee for Banking Supervision (the "Basel Committee"). In November 2010, they unveiled the original...more

Continuing or cured? The suspension of swap payments following an event of default may not be unlimited

The High Court of England and Wales has recently provided welcome clarification around the nature of events of default under derivatives contracts governed by the ISDA Master Agreement, in particular in relation to whether an...more

Capital Markets Recovery Package (CMRP) – Quick fixes or long-term solution?

CMRP has introduced new EU rules for NPL securitisations and a framework for “STS” synthetic securitisations - On 1 January 2019 EU Regulation 2402/2017 (Securitisation Regulation) started to apply, giving rise to one of...more

Collateral issues for derivatives counterparties amid the COVID-19 pandemic

The current COVID-19 pandemic has led to huge disruption in financial markets and larger collateral swings.  This note sets out some issues market participants may need to consider in relation to collateral under OTC...more

Summary of key U.S. and EU regulatory developments relating to securitization transactions

Overview - Numerous regulatory developments were enacted or proposed in the United States and the European Union in response to the financial crisis. Although some of the proposed changes are still in the process of being...more

"The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism

On February 15, 2019, the U.S. District Court for the Southern District of New York issued its ruling in the case of Aurelius Capital Master, Ltd. (“Aurelius”) against Windstream Services, LLC (“Windstream”). The origins of...more

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