The European Banking Authority ("EBA"), in consultation with the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority...

This Legal Update explores why, in order for an underlying loan to be included in a warehouse facility's borrowing base, the underlying loan must be fully funded (or, for any delayed draw term loan or revolving loan, a reserve set aside).

While historically seen as an industry burden, perspectives have recently begun to shift on the topic of disclosure, particularly in light of new SEC rules. What is it that makes disclosure so powerful...

Funds industry associations have launched a lawsuit against the US Securities and Exchange Commission over new rules requiring proprietary...

Cash control provisions are critical features of any subscription credit facility, safeguarding lenders' primary repayment sources while also potentially impacting the Fund's cash...

On May 3, 2023, the Securities and Exchange Commission (the SEC) adopted important amendments to Form PF, the systemic risk reporting form for private fund advisers registered with the SEC...

Form PF and the General Instructions have undergone significant revisions in recent years. The most recent changes, finalized February 8, 2024, with a fast-approaching March 12, 2025...

The anti-child trafficking thriller "Sound of Freedom" just opened in theatres on July 4th. Based on a true story, it stars Jim Caviezal as former Homeland Security special...

As I sit here with my more than abundant supply of grey hair, which costs a fortune by the way to color in NYC so that I camouflage my real age from prying eyes, this older, wiser self has been reflecting on what I would tell my younger self at the outset of my first cycle if I had the chance.

Fund sponsors may offer their employees and other investment professionals an opportunity to invest in its funds through a co-investment program, which a lender may partially finance. While co-investment loan programs.

Welcome to Goodwin's Financial Services News Roundup. Our newsletter highlights important legal, regulatory, and business developments related to financial services and banking.

Residential mortgage servicers are obligated to indemnify Freddie Mac for loss of funds in custodial accounts or delays in access to the funds in custodial accounts...

Two prestigious law firms, Hogan Lovells and Cadwalader Wickersham & Taft, have received partner approval to merge, creating a global legal powerhouse with approximately 3,100 lawyers across key G20 markets. The combination unites Cadwalader's market-leading finance and capital markets expertise with Hogan Lovells' regulatory and disputes capabilities, positioning the new firm among the world's largest by revenue and establishing significant presence in Washington D.C., London, and New York.

On Aug. 19, 2024, the US Securities and Exchange Commission (the "SEC") charged Obra Capital Management, LLC ("Obra Capital") with violations of Rule 206(4)-5 under the Investment Advisers Act of 1940...

Private fund advisers continually balance their ongoing responsibility to ensure that the funds they advise comply with such funds' governing documents...

Net asset value (NAV) loans have become an increasingly popular financing tool for private equity funds whereby a mature private equity fund borrows at the fund level (or higher) based on the net equity value...

The Private Fund Rules were the most comprehensive set of regulations for the private funds industry since the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

When contract language is ambiguous and the court is tasked with finding the intended meaning, interpretation principles – such as "course of performance"...

Subscription credit facilities usually require the ability to make, receive, and enforce capital calls on a pro rata basis, whether directly or indirectly through a cascading pledge structure...

With branded residences on the rise, luxury mixed-use hospitality projects that span from hotels to multiple residence types, golf, food and beverage outlets, and more, are surging.