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The Reed Smith Aviation asset backed securitization team recently authored its first in a new series of articles highlighting the current state of the Aviation ABS market and provide a detailed analysis on trends, recent transactions, and other notable items companies should be on the lookout for.

Read the full article on Legal Flight Deck

Read time: 3 minutes 30 seconds

The appetite for ethical finance shows no sign of slowing. But as the interest in Environmental, Social and Governance (ESG) finances rises, so too do concerns about impact- and green-washing: the practice of making false or misleading claims about apparent ethical credentials.

Naturally, as an embryonic sector, many complex questions about ESG investment remain unexplored. Institutions are thus actively navigating this constantly evolving landscape in order to develop a financial ecosystem where investments are, as the governor of the Bank of England, Mark Carney, put it, “both financially rewarding and environmentally sustainable”.
Continue Reading Shaping a sustainable financial ecosystem: how to integrate ESG factors

Read time – 2 minutes

A federal district court in New York is currently hearing a case to determine if syndicated term loans are securities under US federal and state Blue Sky securities laws. The case (Marc S. Kirschner v. J.P. Morgan Chase Bank, N.A.) came about when borrowers, Millennium Health, LLC and certain of its affiliates (“Millennium”), in a widely syndicated loan went into bankruptcy. The bankruptcy trustee (the “Trustee”) to certain trusts formed as part of the bankruptcy restructuring brought suit against the lending syndicate, including J.P. Morgan Chase Bank (“J.P Morgan”), as one of the lead arrangers alleging the lenders misrepresented the information provided to the trust’s beneficiaries (as represented by the Trustee) to determine if they wanted to participate in the Millennium syndicate. The Trustee asserts that J.P. Morgan sold its participation of a loan to Millennium which they were aware was having substantial economic and legal difficulty.
Continue Reading You Say Loan Participation, I Say Securities, Let’s Call the Whole Thing Off