News & Analysis as of

Due Diligence European Union Investors

Cadwalader, Wickersham & Taft LLP

Final Proposal For Revisions To The EU Securitisation Regulation And The Capital Requirements Regulation

The EU has now published its final proposal here (the “SecReg Proposal”) for a regulation amending Regulation (EU) 2017/2402 (“SecReg”).  This memo discusses the most notable changes from the 2017 version of SecReg, many of...more

Cadwalader, Wickersham & Taft LLP

European Supervisory Authorities Make Recommendations for the EU Securitisation Market

Background Article 44 of the EU’s Securitisation Regulation (“SECR”) requires the Joint Committee of the European Supervisory Authorities (“ESAs”) to produce a report every three years on: (a) the implementation of...more

Morgan Lewis

Joint Committee of the European Supervisory Authorities Publishes Report on the EU Securitisation Regulation

Morgan Lewis on

The Joint Committee of the European Supervisory Authorities published a report on the implementation and functioning of the EU Securitisation Regulation on 31 March 2025. The purpose of the report is to assess the extent to...more

Jones Day

EU Omnibus Package Published: CSRD and CS3D to Be Delayed and Scaled Back

Jones Day on

The European Union published its long-awaited "Omnibus" package, proposing to delay key European ESG rules, while simultaneously reducing the applicability and burden of corporate sustainability reporting and due diligence...more

Foley & Lardner LLP

European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

Foley & Lardner LLP on

As European medtech companies look to expand their presence in the U.S. market, understanding the intricacies of U.S. patent law becomes increasingly important. The U.S. market, being the largest for medical technologies,...more

Proskauer - Regulatory & Compliance

Sanctions Considerations for Private Equity Firms – a few practical tips

Private equity firms could face significant sanctions risks when doing business with entities connected to sanctioned jurisdictions (such as Russia)...more

Akin Gump Strauss Hauer & Feld LLP

Cybersecurity & Data Privacy Issues in Fund Finance

During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information. In the context of a fund finance transaction, this...more

Cadwalader, Wickersham & Taft LLP

The New UK Securitisation Rules : A Practical Overview and Comparison

On 30 April 2024, the Financial Conduct Authority (the “FCA”) published Policy Statement PS24/4 (“PS24/4”) setting out the final FCA Securitisation Sourcebook (“SECN”). Subject to the repeal of the Securitisation Regulation...more

Cadwalader, Wickersham & Taft LLP

Liquidity in a Challenging Climate May 2024 - Financing a Continuation Vehicle – Lender Considerations

A continuation fund is an entity fund set up by a sponsor in order to purchase an asset (or assets) from an existing fund managed by that sponsor. There are a number of reasons as to why a sponsor would want to pursue this...more

A&O Shearman

Changes to Singapore selling restrictions for the wholesale debt market

A&O Shearman on

The MAS issued a Notice on Business Conduct Requirements for Corporate Finance Advisers on 21 June 2023 that, among other things, imposes a requirement on relevant persons advising on corporate finance to apply enhanced due...more

Skadden, Arps, Slate, Meagher & Flom LLP

US M&A Levels Remain Healthy, but Due Diligence and Deal Protections Will Become Even More Critical

Acquisition market participants in the U.S. approached dealmaking with greater caution in 2022 than they did in 2021. Steadily rising interest rates and financing costs, persistent inflation, geopolitical uncertainty,...more

Akin Gump Strauss Hauer & Feld LLP

EU Commission Report on the Functioning of the EU Securitisation Regulation – Considerations for the CLO Market

Key Points - The European Commission (“EU Commission”) has published its report on the functioning of the EU Securitisation Regulation which contains the EU Commission’s assessment of a number of key aspects of the...more

White & Case LLP

"Taking the Keys": Six things to consider for credit investors contemplating share pledge enforcement

White & Case LLP on

Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the...more

White & Case LLP

Examining the ABC risks as the mining & metals sector gains critical momentum

White & Case LLP on

Key considerations around bribery and corruption risks, as the mining & metals sector is gaining critical momentum in the world's energy transition toward a low-carbon future. Mining & metals in a low-carbon world - The...more

Akin Gump Strauss Hauer & Feld LLP

Human Rights Due Diligence: Increasing Regulatory Pressure for Clean Supply Chains

- There is increasing regulatory, commercial and media attention in the U.K. and the EU regarding the role of human rights in company supply chains. - The U.K. and the EU are introducing specific measures around human...more

White & Case LLP

Private Placements in Europe: Mapping the alternatives

White & Case LLP on

European Leveraged Finance Client Alert Series: Issue 7 - The term "private placement", while having a relatively settled meaning in US financings, can have a variety of meanings in Europe. White & Case's European...more

Womble Bond Dickinson

Foreign Direct Investment in the US – Guidance for the European Investor

Womble Bond Dickinson on

On July 2, 2019, the Bureau of Economic Analysis released the 2018 numbers for foreign direct investment (FDI) in the US. Total 2018 FDI was $273 billion and of that figure, European investors accounted for $116 billion or...more

Vedder Price

EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice

Vedder Price on

For companies seeking to finance general equipment assets via asset backed securitization (ABS) instruments, risk retention has become an important consideration. In response to the latest financial crisis, both the U.S. and...more

Cadwalader, Wickersham & Taft LLP

Update on the EU STS and Risk Retention

On 19 May 2016, the Committee on Economic and Monetary Affairs of the European Parliament (“ECON”) published a working document on the European Commission’s proposal for a regulation (the “Proposed Regulation”) intended to...more

Cadwalader, Wickersham & Taft LLP

Securitisation: Keeping it Simple?

On 30 September 2015, the European Commission (the “Commission”) published a proposal for a regulation (the “Proposed Regulation”)1 intended to harmonise existing EU laws applying to securitisations (including proposed...more

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