Finance (CPE)

The unprecedented challenges brought by the COVID-19 pandemic resulted in drastic changes in the commercial real estate industry.

The London Interbank Offered Rate, most popularly known as LIBOR, is one of the most important interest reference rates in the world. However, for several years, LIBOR has been hounded by many challenges and controversies.

In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.

Litigation funding has become a rapidly expanding corporate finance tool in the U.S. for companies and law firms of all sizes. Although relatively new, litigation funding is growing in use and prevalence, as it offers several significant benefits to commercial litigants and their lawyers. It can provide clients the capital they need to pursue cases while also managing cash flow and it allows law firms to share measured risk with their clients and take on more cases. With the changing legal landscape, however, funding remains often misunderstood. It’s important for litigants and lawyers to understand the ethics rules and guidelines that can impact funding and the best practices for selecting and working with funders.

Effective December 31, 2021, the London Interbank Offered Rate (LIBOR) will be replaced by the Secured Overnight Financing Rate (SOFR) as a primary benchmark index. The impending transition is expected to disrupt the whole market structure and pose significant challenges and risks to financial institutions.

With today’s heavily challenging economic situation, businesses of all sizes have started venturing into different cost reduction initiatives in order to optimize profitability while ensuring market competitiveness. These cost reduction programs include reducing costs of services and other supplies.

The consumer finance industry has been shifting because of the challenges brought by the COVID-19 pandemic. The crisis instigated a profound economic impact on consumer finance companies and spurred financial disputes and litigation.

In recent years, the private fund industry has experienced massive growth which has significantly outnumbered public equities. More notably, private equity funds continue to foster and diversify into credit, leasing, real estate, and infrastructure investments among others making private equity firms enter the year with expectations of increased transaction volumes. However, as the industry maintains its upward trend, several complexities begin to emerge such as increased litigation risks and regulatory scrutiny.

Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.

Section 363 of the United States Bankruptcy Code is a significant tool for distressed companies seeking to sell their assets. It also provides potential buyers the chance to purchase assets at a bargain price and free of liens through the bankruptcy process. However, though the Section 363 sale process provides several opportunities to both debtor and creditor, the risks associated with acquiring a distressed business should always be underscored.

The rising popularity of cryptocurrency constantly brings profound transformations in payment transactions. Every day, more and more businesses turn to cryptocurrency because of its decentralized structure, efficient transaction flow, and low operation cost. However, as new regulatory frameworks arise, companies relying on cryptocurrency become prone to government crackdowns and are exposed to legal and financial hurdles.

The scheduled phase-out of the London Interbank Offered Rate (LIBOR) by the end of 2021 is currently posing significant transition challenges for banks and all concerned individuals. Furthermore, ICE Benchmark Administration Limited (IBA) announced last December 2020 the extension of U.S. dollar (USD) LIBOR through June 2023, creating a change in the LIBOR transition process and opening more ambiguities in managing USD contracts.

The lost profit damages litigation landscape unceasingly shifts as emerging trends and court rulings continue to reshape the current paradigm. Notably, the economic disruption brought by the COVID-19 pandemic further complicates the calculation of damages, particularly for claims involving breach of contract or business interruption insurance.

Emerging Trends and Developments on ISDA’s Credit Derivatives Definitions: Navigating Implications to the Year Ahead and Beyond