On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole premiums are not payable in bankruptcy to unsecured and undersecu...
The U.S. banking agencies recently issued final rules that will require U.S. G-SIBs and certain foreign G-SIBs to amend their swap contracts, repurchase agreements and other qualified fin...
Articles & Books
The Insolvency Review, Fifth Edition, Law Business Research Ltd, 2017
Davis Polk partner Donald Bernstein served as editor for the fifth edition of The Insolvency Review. Donald also co-authored the “United States” chapter with partner Timothy Graulich ...
In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...
President Trump issued a Presidential Memorandum last Friday, April 21, which directed the Treasury Secretary to conduct a review of the Orderly Liquidation Authority (OLA). OLA was estab...
The following is the Davis Polk visual memorandum analyzing the Federal Reserve’s final rule on total loss-absorbing capacity (TLAC), eligible long-term debt (LTD) and clean holding com...
Articles & Books
The Insolvency Review, Fourth Edition, Law Business Research Ltd, 2016
The Federal Reserve recently issued a proposed rule that would prohibit the U.S. G-SIBs and certain foreign G-SIBs from entering into new swaps, repurchase agreements and other qualified ...
