Member News

Member News

CRE Lending Slows

Bank shares rose for a third week, although rates were slower than in previous weeks. Regional bank shares rose by 1.5%, while the largest banks gained a collective 1.9% for the week. Among the largest banks, Bank of America stood out with a 4.3% weekly gain. Higher interest rates are helping to propel bank shares as the 10-year Treasury yield picked up 4 basis points to end the week at 2.372%. The Fed is anticipated to raise rates at its next meeting in...

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Christopher Austin Discusses Whether Potential Snap IPO Could Boost Market

Christopher Austin, a partner in Orrick’s Capital Markets practice, recently spoke with Law360 regarding whether a potential initial public offering from Snapchat app maker Snap Inc. could help boost the flagging tech IPO market A potential initial public offering from Snap Inc. is shaping up to be an important bellwether that could shed light on the public prospects for highly capitalized, venture-backed technology startups that are staying private longer nowadays, experts say, though many variables remain. Buzz about an IPO...

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The Venture Capital Board Member’s Survival Guide: Handling Conflicts Effectively While Wearing Two Hats

The Venture Capital Board Member's Survival Guide: Handling Conflicts Effectively While Wearing Two Hats Wilson Sonsini Goodrich & Rosati partners Steve Bochner and Amy Simmerman have published an article in the Delaware Journal of Corporate Law on conflicts of interest under Delaware law in the private-company context. The article, which provides a practical guide on how to handle such conflicts, is an especially important read for venture funds and designees of funds serving on boards of directors. Click here to read...

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Barclays sells Asia wealth unit at cut price

Barclays completes sale of its wealth and investment management business in Singapore and Hong Kong to Bank of Singapore. Barclays plc completed the sale of its wealth and investment management business in Singapore and Hong Kong to Bank of Singapore Ltd Monday for almost a third less than expected as it continues to shed its non-core assets. The buyer, a wholly-owned private banking subsidiary of Oversea-Chinese Banking Corporation Ltd, paid $225 million for the unit that has assets under management of...

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Nasdaq and NYSE Provide Clarity for Equity Plan Amendments Increasing Share Withholding

Both Nasdaq and the NYSE have issued guidance clarifying that no stockholder approval is required for equity plan amendments permitting increased share withholding. Earlier this year, the Financial Accounting Standards Board (FASB) issued new guidance (ASU 2016-09) regarding equity-based compensation. Among other things, this guidance will enable employers to increase share withholding on equity awards. Now Nasdaq and the NYSE have clarified that equity plan amendments implementing this increased share withholding will not require stockholder approval. Under current accounting standards, an...

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EU/US Transatlantic Data Flows: Legal Uncertainties. Practical Realities.

EU data protection law places formal requirements on flows of personal data about EU residents beyond the EU’s borders. The concern is laudable: to assure that the principles of data protection available in the EU, in effect, travel with the data.  The laws rely on a variety of defined legal mechanisms to extend that protection.  Recent concerns, particularly about surveillance practices of the US government, have resulted in continuing legal uncertainty about the validity of two primary mechanisms for...

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IPTI Report November 2016

Update on Property Tax Issues: IPTI  The EACC in partnership with the International Property Tax Institute (IPTI) wants to keep our members up to date with the latest developments in property taxes both in the USA and Europe. IPTI has put together a selection of reports from articles contained in IPTI Xtracts. This report covers Denmark, Greece, Ukraine, the United Kingdom, and the United States with a focus on New York. New York City and State – NOT-FOR-PROFIT EXEMPTIONS: For over two...

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Global economic uncertainty opens a raft of opportunities for distressed investors

The concept of distressed investing in Europe is not new. We have operated in an environment of extreme financial volatility from a debt market perspective since the early 1980s. Yet the last six to eight years have proven more complex for investors. The sheer scale of the economic crisis, unprecedented quantitative easing, and a period of interest rate depression may not be witnessed again for generations. We now find ourselves in the midst of continuing global economic uncertainty, Eurozone and sovereign...

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DS-Concept Provides $5 Million Export Factoring Facility To Apparel Exporter In Hong Kong

DS-Concept, a global commercial finance company specializing in non-recourse factoring and trade finance, has provided a Hong Kong based apparel exporter with a $5 million export factoring facility.  The client, who exports to brands such as Coach, John Lewis and Ted Baker, was seeking a flexible, reliable and long-term financing partner to create liquidity and accelerate cash flow without increasing liabilities.  With DS-Concept’s export facility and support, the client forecasts $18MM-$20MM in annual factored volume. The DS-Concept Group maintains a network of offices...

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Modernisation of Luxembourg Company Law: Share Awards

Article 32-3 (5bis) of the Act of 10 August 2016 (the "Act") modernising the Luxembourg Companies Act of 10 August 1915, as amended, introduces the possibility for an SA to grant shares free of charge to, amongst others, employees and certain executives. The new rules will facilitate the set-up and implementation of management incentive plans. The articles of association of an SA may now authorize the board of directors to award shares to employees and certain executives, amongst others. Such...

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