ArticleSpace Business Review June 2013On June 3, the Export-Import Bank of the United States (U.S. Ex-Im) authorized a $343.3m direct loan to Asia Satellite Telecommunications Co. Ltd.United StatesTransportMilbank
ArticleIn Re Enron: Second Circuit Expands "Settlement Payment" Exemption To The Redemption Of Commercial Paper (And Beyond?)The authors of this article discuss a Court of Appeals for the Second Circuit case that expands on previous appellate decisions broadly construing the scope of the § 546(e) exemption, and that has significant implications for bankruptcy cases nationwide.United StatesInsolvency/Bankruptcy/Re-Structuring
ArticleIRS Notice 2016-31: Beginning Construction Under The PATH ActOn May 5, 2016, the IRS released Notice 2016-31, which clarifies the circumstances under which a taxpayer will be treated as having begun construction...United StatesEnergy and Natural ResourcesMilbank
ArticleMilbank Attorneys Author United States Chapter Of The Projects And Construction ReviewThe project finance market in the United States benefits from a well-developed legal framework and sophisticated financial markets.United StatesReal Estate and ConstructionMilbank
ArticleSpace Business Review - August 2012A monthly round-up of space industry developments for the information of our clients and friends.United StatesTransportMilbank
ArticleFATCA 2.0 For Funds And Securitization VehiclesOn February 8, 2012, the United States Internal Revenue Service ("IRS") and Department of the Treasury ("Treasury") issued long awaited proposed regulations under the so-called "FATCA" provisions in sections 1471 through 1474 of the Internal Revenue Code.United StatesFinance and BankingMilbank
ArticleGuide To The New UK Securitisation RulesThe UK Securitisation Regulations 2024 and new rules from the FCA and PRA came into effect on 1 November 2024, replacing the EU Securitisation Regulation. The updated rules, outlined in the FCA's Securitisation Sourcebook and PRA Rulebook, aim to align with the UK's Smarter Regulatory Framework for financial services.United KingdomFinance and BankingMilbank
ArticleCombatting ‘Greenwashing': New Proposals From The UK Financial Conduct Authority ("FCA")The FCA has recently published a Consultation Paper (CP22/20) aimed at addressing its "growing concerns that firms may be making exaggerated...United KingdomLitigation, Mediation & ArbitrationMilbank
ArticleStockholder Granted Access To Books And Records Of Company Accused Of FraudIn several decisions handed down over the last two years, the Delaware Court of Chancery has demonstrated its willingness to resolve disputes over demands for access to corporate books and records in favor of the requesting stockholder.United StatesCorporate/Commercial LawMilbank
ArticleSeventh Circuit Affirms Bankruptcy Court Ruling That Sale Of Assets Through Plan May Not Use "Indubitable Equivalent" Standard To Prevent Secured Creditors From Credit BiddingThe Seventh Circuit recently issued an opinion1 in the bankruptcy case of River Road Hotel Partners, LLC disagreeing with the Third Circuit’s holding in In re Philadelphia Newspapers, LLC2 regarding a free-and-clear sale of assets under a Chapter 11 plan that denied a secured creditor the right to credit bid.United StatesInsolvency/Bankruptcy/Re-StructuringMilbank
ArticleSpace Business Review - July 2015On June 30, Spire Global Inc. (Spire), a San Francisco-based company developing a commercial weather satellite constellation, announced that it raised $40m through its Series B investment round.United StatesMedia, Telecoms, IT, EntertainmentMilbank
ArticleDelaware Chancery Court Enjoins Standstill Agreement"Don’t Ask, Don’t Waive" Provision Deemed to Impermissibly Limit the Board’s On-Going Statutory and Fiduciary Obligations.United StatesFood, Drugs, Healthcare, Life SciencesMilbank
ArticleDelaware Court Refuses Stockholders’ Call For Preliminary Injunction Of Tender Offer - Determines That Sales Process Was Reasonable And Disclosures Were AdequateIn "In Re Micromet, Inc. Shareholders Litigation", the Delaware Court of Chancery recently reconfirmed that it will not second guess the process used by a target company’s board of directors in connection with a sale of the company, so long as that process is one that does not have the effect of unreasonably deterring prospective bidders. United StatesCorporate/Commercial LawMilbank
ArticleBank Ordered To Disclose Privileged Documents In LIBOR-Related Civil ProceedingsOn 6 February 2013, the UK Financial Services Authority ("FSA") (as the FCA was then known) published a Final Notice recording its detailed findings that RBS had "undermined the integrity of LIBOR"...United StatesFinance and BankingMilbank
ArticleSpace Business Review - September 2012A monthly round-up of space industry developments for the information of our clients and friends.United StatesTransportMilbank
ArticleSpace Business Review - October 2012A monthly round-up of space industry developments for the information of our clients and friends.United StatesTransportMilbank
ArticlePassivity, Public Distancing And Prolonged JudgmentsOn 11 July 2025, the Court of Appeal dealt a further blow to Phones 4u (in administration) ("P4u") by unanimously dismissing its appeal in its longstanding dispute with three of the UK's...United KingdomLitigation, Mediation & ArbitrationMilbank
ArticleIRS Finalizes Regulations Addressing The Issue Price Of Debt Issued For Property And In ReopeningsOn September 13, 2012, the IRS published final regulations addressing when property is "traded on an established securities market".United StatesTaxMilbank
ArticleCFTC Proposes A Comprehensive Framework For Prediction Markets: Key Takeaways From The Notice Of Proposed RulemakingThe Commodity Futures Trading Commission has proposed sweeping amendments to clarify when prediction market contracts on sports, elections, and entertainment are permissible under federal law. The rulemaking introduces a structured framework for evaluating event contracts, defining key terms like "gaming" and establishing criteria to assess whether such markets serve legitimate hedging and price discovery functions or cross the line into prohibited territory. At stake is the future of prediction markets in United StatesFinance and BankingMilbank
ArticleSecond Circuit Vacates Judge Rakoff’s Decision Refusing To Approve Citigroup’s "Neither Admit Nor Deny" Settlement With The SEC And Clarifies Standard For Evaluating Consent Decrees In Favor Of PragmatismThe Second Circuit held that Judge Jed S. Rakoff abused his discretion in refusing to approve a proposed consent decree between the SEC and Citigroup.United StatesLitigation, Mediation & ArbitrationMilbank