News from the economy, politics and the financial markets
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SEC Eases Burden of Co-Investment
On Tuesday, the SEC issued the first simplified co-investment relief, representing the most significant update to these exemptive orders in nearly a decade. The simplified relief eases some of the most onerous requirements of the previous orders....By: Dechert LLP
Delaware’s New Approach To Interested Director and Minority Stockholder Protections
On March 25, Delaware governor, Matt Meyer, signed into law Substitute 1 to Senate Bill 21 (SB 21), following its rapid approval by the Delaware state legislature. This legislative measure aims to counter the current trend of companies relocating their headquarters out of Delaware, following a January 2024 Delaware Chancery Court ruling that overturned a $56 billion compensation package for a high-profile tech CEO....By: ArentFox Schiff
95th Arkansas General Assembly/Arkansas Natural Resources Commission: Act 578 Authorizes Water, Waste Disposal, Pollution Control, and Other General Obligation Bonds
Act 578 has been signed by the Governor which would authorize the Arkansas Department of Agriculture’s Natural Resources Commission (“NRC”) to issue certain general obligation bonds....By: Mitchell, Williams, Selig, Gates & Woodyard,
[Webinar] Mexico’s Evolving AML/CFT Environment: FATF Review and FTO Designations - May 14th, 12:30 pm ET
U.S. and Mexican companies and financial institutions are seeking to navigate AML/CFT, sanctions, export control, and tariff and supply chain concerns as their governments’ make rapid changes around trade and tariffs and ramp up efforts to stop cartels and fentanyl trafficking, including through the recent U.S. FTO designations. Both countries also face upcoming FATF mutual evaluations against the backdrop of shifts in the regulatory and enforcement environment. K2 Integrity experts with...By: K2 Integrity
Tax Court Calls Bluff on Hedge Fund’s Basket Option Contracts
The Tax Court recently held that a hedge fund’s basket option contracts were in substance tax ownership of the underlying basket securities. The hedge fund, through its affiliated entities, entered into 10 basket option contracts with a bank over several years....By: Cadwalader, Wickersham & Taft LLP
Evaluating the Impacts of the Trump Administration on the Residential Sector
There is a proverb, “May you live in a time of change.” It appears that with the new administration not only are we living in a time of change, but also one of break-neck speed without precedent or predictability....By: Hinckley Allen
DB Pension Scheme Funding – Pensions Regulator 2025 Funding Statement
The Pensions Regulator (TPR) has published its 2025 funding statement. It is targeted at DB schemes undergoing valuations with effective dates between 22 September 2024 and 21 September 2025. However, it is relevant to all DB schemes as it includes key information about TPR’s new DB funding code of practice and its updated covenant guidance....By: Mayer Brown
1st Quarter 2025 Analysis - TrBK Distress Indices
The latest Polsinelli-TrBK Distress Indices Report shows that distress levels remain elevated across the U.S. economy. Although distress levels dipped slightly across the board last quarter, all indices are near their highest levels since 2010 and signal significant distress when compared with the last few years....By: Polsinelli
The Tortilla Chip: Carrying Greatness
Hello again! Welcome back to Scaling Greatness, a newsletter from Integreon focusing on amplifying business excellence and innovation. Tortilla chips are everywhere – at parties, in restaurants, and in pantries across the world. But while many praise the tortilla chip for its crunch, saltiness, and satisfying snap, its true purpose is far more utilitarian. The tortilla chip is a transport mechanism, a humble vehicle designed to deliver something far greater: dips, salsas, guacamole, or queso....By: Integreon
Potential Improvements for CRA (Part 4c of 4)
In the previous articles of this 4-part series, I identified and explained three types of fatal flaws in the 2023 CRA rule and I presented 5 suggestions to improve the effectiveness of the legacy CRA rule. In this article I put forward another 3 potential improvements to the legacy rule....By: GeoDataVision
Central Bank Fitness and Probity Consultation and Updates – April 2025
Following the 2024 independent review by Mr Andrea Enria (former Chair of the European Central Bank Supervisory Board) of the Central Bank of Ireland’s Fitness and Probity (F&P) assessment process, the Central Bank has published a report outlining the progress made on implementing Mr. Enria’s 12 recommendations and launched a consultation on proposed revisions to its F&P regime....By: K&L Gates LLP
ESMA Releases Final Draft RTS and Guidelines on Liquidity Management
ESMA Guidelines and Final Draft RTS on Liquidity Management Tools of UCITS and Open-Ended AIFs - Pursuant to the revised Directive 2011/61/EU (AIFMD) and Directive 2009/65/EC (UCITS Directive), the European Securities and Markets Authority (ESMA) was tasked with developing guidelines on the selection and calibration of liquidity management tools (LMTs) and developing regulatory technical standards (RTS) to determine the characteristics of LMTs available to managers of alternative investment...By: K&L Gates LLP
CFPB Drops Indirect Lending Case
On April 22, the Consumer Financial Protection Bureau (CFPB) requested the U.S. District Court for the Southern District of New York to remove the bureau as a plaintiff in CFPB v. Credit Acceptance Corporation, a case that could have widespread impacts on the commercial sale and purchase of contracts in the secondary auto finance market. The Biden-era CFPB and New York Attorney General’s Complaint made many novel legal arguments that did not align with law or regulations, sparking concern from...By: Brownstein Hyatt Farber Schreck
PRA policy statement on identification and management of step-in risk
The UK Prudential Regulation Authority (PRA) has published a policy statement on the identification and management of step-in risk (PS5/25). The policy statement provides feedback on responses to consultation paper (CP) 23/23 which, among other things, proposed to: (i) introduce new rules where firms are required to develop their own step-in risk policies and procedures based on the relevant Basel Committee on Banking Supervision's (BCBS) guidelines; and (ii) introduce an accompanying...By: A&O Shearman
[Video] The Preferred Return Podcast | Balancing Act: Strategies for GPs and LPs in Today's Market
Our latest episode of “The Preferred Return” examines the often intricate dynamic between general partners (GPs) and limited partners (LPs), particularly in today’s challenging fundraising environment. Hosts Greg Norman and Abigail Reeves are joined by colleague William Adams for an insightful discussion on emerging investment strategies, the evolving landscape of private funds and critical considerations for both GPs and LPs....By: Skadden, Arps, Slate, Meagher & Flom LLP
BoE publishes two new stress test scenarios for 2025 Bank Capital Stress Test
The Bank of England (BoE) has updated its stress testing webpage, announcing it has published two stress test scenarios for use by banks and building societies that are not participants in its concurrent stress testing exercise. These scenarios have been drawn from the 2025 Bank Capital Stress Test scenario published on 24 March to support concurrent stress testing of the largest UK banks and building societies....By: A&O Shearman
PRA announces withdrawal of the modification by consent for third country covered bonds in LCR
The UK Prudential Regulation Authority (PRA) has announced it is withdrawing the modification by consent (MbC) for third country covered bonds in the Liquidity Coverage Ratio (LCR) part of the PRA Rulebook, which it had previously offered on 8 April. The decision to pause the process and withdraw the MbC is due to the PRA receiving several technical comments and requests for clarification, which the PRA seeks to consider and address appropriately. Once the process is complete, the PRA will...By: A&O Shearman
FCA Primary Market Bulletin No. 55
The UK Financial Conduct Authority (FCA) has published issue 55 of its Primary Market Bulletin (PMB 55). In PMB 55, the FCA: (i) provides feedback on its consultation in PMB 53, finalises 44 technical and procedural notes, and deletes 1 technical note and 1 procedural note (FG25/1); (ii) consults (GC25/1) on further proposed changes to guidance in its Knowledge Base for the listing regime. This follows the implementation of the new UK Listing Rules (UKLR), which came into force on 29 July 2024...By: A&O Shearman
UK Pensions: what’s new this week - April 28, 2025
Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions....By: A&O Shearman
Operational resilience in banking: from regulatory compliance to strategic priority
As regulatory frameworks tighten and cybersecurity threats grow in complexity, operational resilience is, now more than ever, a boardroom challenge for banks....By: A&O Shearman
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