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The Recession is Here – Remember the Real Estate Workout?

The time is nigh. The COVID-19 pandemic makes a significant economic downturn in 2020 more probable than ever. More than a decade after the start of the Great Recession, we stand at the precipice of another recession. It was...more

New SEC Staff Guidance Broadens the Applicability of 1940 Act Exemption for Mortgage Securitizers

In a no-action letter dated February 12, 2018, the SEC expanded the scope of Section 3(c)(5)(C) of the Investment Company Act to apply to a sponsor of multiple securities trusts that hold whole mortgage loans....more

LSTA’s Argument That CLO Managers Are Not “Securitizers” in Open-Market CLOs Carries the Day in Court. Now What?

On February 9, 2018, the D.C. Court of Appeals ruled that treating managers of open-market CLOs as “securitizers” subject to the risk retention rules exceeded the statutory authority to promulgate rules to implement the risk...more

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