As expected, New York has broadened the reach of its new commercial financing disclosure law less than two months after its enactment. S.B. 5470, as previously reported by Mayer Brown, imposed a range of Truth in Lending-like...more
In late December 2020, New York Governor Andrew Cuomo signed S.B. 5470 into law, which will impose a range of Truth in Lending Act-like disclosure requirements on providers of commercial financing in amounts of $500,000 or...more
The implications of the 2020 election for structured finance are coming into focus. Informed by our discussions in Washington, we can anticipate the likely direction of federal policy over the next two years that will impact...more
12/9/2020
/ Biden Administration ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Financial Regulatory Reform ,
GSE ,
Infectious Diseases ,
Inter-Bank Offered Rates (IBORs) ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Structured Finance ,
UK Brexit ,
Volcker Rule
On Friday, the United States Office of the Comptroller of the Currency (“OCC”) finalized a regulation regarding the “Permissible Interest on Loans that are Sold, Assigned, or Otherwise Transferred” by national banks and...more
On April 30, 2020, the Federal Reserve Board announced expanded loan offerings and terms for the forthcoming Main Street Lending Program. Among other changes, Main Street is now open to larger businesses with up to 15,000...more
5/6/2020
/ Affiliates ,
CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Federal Reserve ,
Libor ,
Main Street Lending Programs ,
Main Street New Loan Facility ,
SBA ,
SBA Lending Programs ,
Secured Overnight Funding Rate (SOFR) ,
Small Business
The Federal Reserve’s Paycheck Protection Program Liquidity Facility (“PPPLF”) is now available to non-bank PPP lenders to finance Paycheck Protection Program (“PPP”) loans that they originated or purchased. While the PPPLF...more
Non-bank lenders providing struggling small businesses a lifeline through forgivable Paycheck Protection Program (“PPP”) loans may soon have access to the Federal Reserve’s Paycheck Protection Program Liquidity Facility...more
5/3/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Federal Loans ,
Financial Stimulus ,
Liquidity ,
Non-Bank Lenders ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law. Among other things, Section 4003 of the CARES Act authorizes $500 billion of liquidity to support businesses,...more
The Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act, was signed into law by President Trump on March 27, 2020. A central element of the new law is the authorization of the Secretary of the Treasury, under...more
On Monday, March 23, 2020, in response to the evolving economic crisis created by the COVID-19 epidemic, U.S. Treasury and the Federal Reserve authorized the establishment of two new facilities to support credit for large...more
3/30/2020
/ Bond Issuers ,
Bridge Loan ,
Coronavirus/COVID-19 ,
Corporate Bonds ,
Deferred Action ,
FRBNY ,
Interest Rates ,
Loans ,
Minority Equity Investments ,
Popular ,
Secondary Markets ,
Special Purpose Vehicles
The disruptions in economic conditions caused by the coronavirus disease 2019 (COVID-19) are reaching the commercial paper and longer term debt capital markets. The Board of Governors of the Federal Reserve System (Federal...more
On January 30, 2020, the Board of Governors of the Federal Reserve System (“FRB”), the Federal Deposit Insurance Corporation (“FDIC”), the Office of the Comptroller of the Currency (“OCC”), the Securities and Exchange...more
2/13/2020
/ Banking Reform ,
Banking Regulators ,
CFTC ,
Covered Funds ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
FRB ,
Loans ,
OCC ,
Proprietary Trading ,
Regulatory Agenda ,
Regulatory Burden ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Venture Capital ,
Volcker Rule ,
Wealth Management
Since its adoption in 2010, the Federal Deposit Insurance Corporation’s (the “FDIC”) securitization safe harbor rule, 12 C.F.R. § 360.6 (the “Rule”), which relates to the treatment of financial assets transferred in...more
2/3/2020
/ Consumer Financial Products ,
Disclosure Requirements ,
FDIC ,
Financial Regulatory Reform ,
Financial Transactions ,
Investment ,
Regulation AB ,
Regulatory Requirements ,
RMBS ,
Rule 144A ,
Rulemaking Process ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Securitization Standards ,
Transfer of Assets
A United States Magistrate Judge for the United States District Court, Western District of New York, yesterday issued his report and recommendation on the defendants’ motion to dismiss in Petersen et al. v. Chase Card...more
1/23/2020
/ Accounts Receivable ,
Chase Bank ,
Credit Cards ,
JPMorgan Chase ,
Madden v Midland Funding ,
Motion to Dismiss ,
Preemption ,
Putative Class Actions ,
Securitization ,
Special Purpose Entities ,
Unjust Enrichment ,
Usury
The Federal Deposit Insurance Corporation (“FDIC”) and Office of the Comptroller of the Currency (“OCC”) have finalized revisions to the proprietary trading and compliance program provisions of the Volcker Rule (the “2019...more
9/5/2019
/ Compliance Management Systems ,
Covered Funds ,
Derivatives ,
Exemptions ,
Financial Markets ,
Hedging ,
Liquidity Management ,
Mortgage Servicing Rules ,
Proprietary Trading ,
Recordkeeping Requirements ,
Risk Mitigation ,
Trading Plans ,
Volcker Rule