The following is an edited version of a conversation between Goodwin partners Jonathan Hecht and Isaac Vinyarsh. Before joining Goodwin, Jonathan spent more than a decade in the SEC's...

An aftercare facility may be a viable alternative to traditional financing arrangements. In this Legal Update, we explain:

On June 3rd, 2024, in a 2-1 ruling, the 11thCircuit U.S. Court of Appeals granted a preliminary injunction against Fearless Fund ("Fearless"), enjoining the Fearless Strivers Grant Contest...

The past two weeks we addressed "use restrictions" and "management requirements" for property that is acquired or improved with federal funds under the Uniform Guidance Property Standards.

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility's borrowing base, the underlying loan's documentation...

Recognizing the significant differences between traditional ETFs and mutual funds with an ETF share class, the SEC excluded share class ETFs from the scope of Rule 6c-11.

Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use.

In an apparent departure from decades of jurisprudence acknowledging the exemption of wire transfers from the ambit of the Electronic Funds Transfer Act (EFTA or the Act)...

Spreads across all sizes of managers and asset classes are widening.

Attorneys are regularly asked about or faced with the request to backdate a document or set of documents. We are also at times asked about the acceptableness of a document that has been backdated.

A federal court decision clarifies critical enforcement rights under UCC Article 9 for lenders in partner and investor loan programs, addressing the 10-day notice safe harbor, commercial reasonableness standards, and timing requirements for collateral disposition notices. The ruling provides essential guidance on foreclosure procedures when limited partnership interests serve as loan collateral.

On 11 July 2023, the Luxembourg Parliament voted with an absolute positive majority on the bill of law 8183 which was proposed by the Luxembourg Government on 24 March 2023.

Section 23A limits a bank's ability to enter into "covered transactions," which include making a loan to an affiliate or issuing a guarantee or letter of credit on behalf of an affiliate.

Credit facility documents typically include a waiver of consequential damages and an indemnification provision. While these provisions are typically part of the "boilerplate" language...

The former Chief Investment Officer of Allianz Global Investors (AGI) and co-lead portfolio manager of the Structured Alpha funds...

Because banks receive favorable capital treatment when a credit facility's tenor is shorter than one year, lenders increasingly offer financing with 364-day tenors and uncommitted extension option terms of up to 364 days.

With such a direct impact on revenue, it's easy to understand why attracting and retaining key sales talent is critical for any business with aspirational growth goals.

Many readers will be aware that, on 23 August 2023, the SEC adopted its final Private Fund Adviser Rules (Rules), a significant update to the US' regulation of private fund advisers.

As the fund finance market evolves beyond traditional single-tranche credit facilities, understanding the critical distinctions between lien subordination and payment subordination becomes essential for structuring complex financings.

Once satisfied with their dominant position in commercial lending from the middle market through the large cap, public syndicated market, banks have suffered significant erosion of market share at the hands of private credit (i.e., "direct lending") competitors.