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Post-Lehman Rules of the Road: Navigating the Latest Federal Stay Regulations Governing Financial Contracts with Global Systemically Important Banks



Content Partner:  Celesq AttorneysEd Center
Price: $200.00*
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Description: Procedural gaps between the U.S. Bankruptcy Code and federal bank rehabilitation procedures caused one of the destabilizing features of the Lehman Brothers bankruptcy cases, which was the immediate and damaging termination of Lehman’s financial contracts and those of its subsidiaries through creditors’ use of cross-default provisions. A key regulatory reform goal of the Dodd-Frank Wall Street Reform and Consumer Protection Act was to reduce the effect on the United States financial system of the financial failure of a single institution that could have systemic negative impacts on the whole of the U.S. economy, and to preserve the value of that institution’s assets. As part of these efforts, recent Federal regulations broadly dictate the timing of use, and types, of default remedies that are permitted in most financial contracts with global systemically important banks (“GSIB”). This Webinar will help practitioners (a) identify which of their clients are subject to the relevant regulations, (b) understand what types of agreements are covered by the regulations and how to analyze the relevant required new contract language, and (c) develop an appropriate and cost-efficient strategy for their clients to comply with the regulations.
 
Presenter Bios  
 
Robert Christmas is a partner of Nixon Peabody LLP, and has practiced bankruptcy law and litigation for over 30 years. He has represented clients in virtually all the major financial and municipal bankruptcies of the last three decades, including Lehman Brothers, the City of Detroit, and Enron.  In his transactional practice, he represents commercial and governmental clients in a wide variety of settings involving public bond debt, SPE securitizations and other highly complex public and private financing structures, from drafting securitization legislation, transaction structuring, to review/preparation of financing opinions, investor disclosures and other issuance-related matters.  In his litigation practice, he represents clients in the Federal Bankruptcy, District and Circuit courts nationwide, with a focus on litigations, appeals and cross-border disputes, as well as before the New York State courts and in other contested matters (such as arbitrations).  Robert has published and provides expert commentary in media nationwide, including in The Wall Street Journal, Bond Buyer, Governance, the New York Law Journal, the ABI Journal, The Deal and Fortune, and on CNNfn, Canadian Television, and Bloomberg Radio.  He has lectured for many organizations, including the National Federation of Municipal Analysts, California Society of Municipal Analysts, Practicing Law Institute, Women in Public Finance, multiple regional Bond Buyer conferences, Municipal Analysts of Greater New York, and the American Corporate Counsel Association. 
 
Barry Rothchild is a partner of Nixon Peabody LLP. Barry works on bond financings in which the firm acts as bond counsel, underwriter’s counsel, borrower’s counsel, liquidity provider counsel, and credit enhancement counsel, and he leads the efforts of the Public Finance group in acting as derivatives counsel on swap transactions to municipal entities, for-profit and nonprofit corporations, and swap providers.  Barry has extensive experience in drafting and negotiating ISDA Master Agreements and related Credit Support Documentation and Confirmations of transactions primarily involving interest rate and commodity derivatives. Barry also has extensive experience in the drafting of bond resolutions and the drafting and/or negotiating of standby bond purchase agreements, letter of credit and reimbursement agreements, and revolving credit agreements and in working on official statements for bond offerings.  Barry has been a speaker at multiple derivative conferences, webinars and workshops and has prepared and given presentations on derivatives to clients of Nixon Peabody as well as to members of the firm.  Most recently Barry has been involved with presentations and workshops relating to the likely discontinuation of LIBOR and the negotiation of fall back language in documentation for the replacement of LIBOR and Barry is a member of a LIBOR Public Sector Industry Workgroup.  Barry joined Nixon Peabody’s Public Finance group in 2005, having previously worked at another law firm primarily focused on derivatives work for three years. Prior to that, he was a public finance banker for more than 14 years.


Practice Areas: Banking & Finance Law
Online Media Type: Audio
Production Date: 12/10/2020 12:00 PM EST
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Speakers:
Robert Christmas - Nixon Peabody LLP
Barry M. Rothschild - Nixon Peabody LLP
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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