United States: Securitization & Structured Finance

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
LP-Led CFOs: Their Rise And Key Considerations
Collateralized fund obligations (CFOs) have emerged as a sophisticated securitization tool for institutional investors seeking to monetize their private fund portfolios while retaining upside exposure. This analysis examines the unique structural, tax, and regulatory challenges that distinguish LP-led CFO transactions from their GP-led counterparts, revealing why these deals require more extensive preparation and specialized expertise to execute successfully.
United States Finance
D
Dechert
Article
Five Takeaways From The Private Credit Summit – New York
Private credit industry leaders gathered to discuss emerging trends reshaping the market, from investment grade expansion and secondary market growth to strategic consolidation pressures. Key themes included the structural shift toward IG private credit driven by insurance capital and defense spending, the rapid evolution of secondaries and GP stakes solutions, and the nuanced opportunities emerging from software lending amid headline-driven sell-offs.
United States Finance
D
Dechert
Article
The Financing Problem Behind the AI Infrastructure Boom: What Lenders and Sponsors Need to Watch
As AI infrastructure spending surges toward $697 billion in 2026, hyperscalers and compute providers are increasingly turning to debt, structured financing, and GPU-backed collateral to fund expansion. While demand projections remain bullish, a critical timing gap is emerging between capital deployment and cash flow generation, creating significant risks for lenders, sponsors, and operators across the ecosystem.
United States Finance
R
Riveron
Article
Preference Given: Preferred Equity's Growing Reach Across Structured Finance
Preferred equity is transforming structured finance by enabling sponsors to attract third-party capital below rated debt without diluting residual positions or triggering additional rating requirements. This analysis examines how CFOs, CLOs, NAV facilities, and other securitization vehicles are deploying bespoke preferred structures to widen investor pools while preserving manager incentives. What contractual mechanics, legal considerations, and market dynamics are driving this shift from niche accommodatio
United States Finance
D
Dechert
Article
Lending Against Digital Assets: Five Key Takeaways For Lenders After A Year Of Regulatory And UCC Change
Federal banking agencies have clarified supervisory expectations for crypto-asset lending, while New York's 2022 UCC amendments fundamentally changed how lenders perfect security interests in digital asset collateral. These regulatory and legal developments create both opportunities and compliance challenges for financial institutions seeking to accept Bitcoin, Ether, and other cryptocurrencies as loan collateral.
United States Finance
CM
Crowell & Moring LLP
Article
Fifteen Years After Dodd-Frank, What Do The Data Tell Us About The Swaps Market?
More than fifteen years after the Dodd-Frank Act reconstructed the legal architecture governing over-the-counter derivatives markets, Professor Ilya Beylin's empirical research examines a fundamental question that remains unresolved: what effect did that reconstruction have on the actual use of swaps? His careful, data-intensive analysis reveals that the answer is considerably more complicated than simple narratives of regulatory success or failure would suggest.
United States Finance
GU
Gesmer Updegrove LLP
Article
CFTC Helps Seeded Funds And Qualifies More Money Market Funds As Margin
The CFTC has adopted significant amendments to its margin requirements for uncleared swaps, fundamentally changing how seeded funds are treated and expanding eligible collateral options. These changes eliminate longstanding barriers that forced fund sponsors to structure vehicles offshore and restricted the use of money market fund shares as collateral. The Final Rule brings U.S. regulations into closer alignment with international standards while addressing practical challenges faced by market participants
United States Finance
D
Dechert
Article
Keeping Tabs: CFTC And DOJ Charge Software Engineer With Insider Trading For Prediction Market Trades
The DOJ and CFTC have filed their first cases alleging insider trading in prediction markets based on misappropriated confidential commercial information, charging a software engineer who allegedly used non-public company data to profit from event contracts. These prosecutions expand beyond classified information cases and raise important questions about cross-border jurisdiction, the scope of confidential information protections, and the CFTC's authority over overseas prediction markets.
Global Finance
KM
Katten Muchin Rosenman LLP
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