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Structured Finance in the Courts (1)

Structured Finance in the Courts

Legal advocacy is a key component of our mission of protecting the structured finance market.

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Overview

Occasionally a case in the judicial system raises issues of foundational significance to the structured finance market. In those instances, the Structured Finance Association will submit an amicus brief to attempt to protect against a precedent setting ruling that will upset long-standing contractual doctrines, reasonable market expectations and a healthy functioning market.

In some cases, we partner with other trade groups, but the matters always relate to topics of great importance for the structured finance market. A few of the key legal matters that we have weighed in on are outlined below.

Publications & Resources

A new report from Moody’s Investor Service discusses the drastic effects of the Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust lawsuit on the securitization industry.
In the amicus brief SFA calls out the longstanding law applying the valid when made doctrine and the protection against harmful economic consequences that the FDIC Rule provides.
SFA jointly filed an amicus brief with the Chamber of Commerce, SIFMA, ISDA, BPI, and LSTA, in the case of McCarthy v. Intercontinental Exchange, Inc., in the Northern District of California. The case has significant implications for the LIBOR transition and global financial markets. The plaintiffs in McCarthy v. Intercontinental Exchange, Inc. are requesting to bring the publication of the U.S. LIBOR benchmark rate to an immediate halt, threatening to disrupt financial transactions all over the world and undermine years of planning for an orderly transition from LIBOR.

News