Ep 57 - Third Circuit Says Student Loan Trusts Are “Covered Persons” Subject to the CFPA

Joe Lau, Chief Operating Officer of Lord Capital joins Patrick Dolan to discuss the SEC's new Conflict of Interest Rule and its impact on investors. Joe sheds light on investor considerations surrounding C-PACE assets and shares insight on the implications of the Structured Finance Association’s comment letter on Basel III implementation. We also evaluate the significance of “Green Bond” designations for renewable ABS, and consider the effects of the US Risk Retention Rule and Rule 17g-5 on investor protection and transparency. Lastly, we discuss the recent removal of the Cayman Islands from the EU Anti-Money Laundering (AML) list and its potential implications for investors.  Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Returning guest Eamonn Moran, Senior Counsel in our Washington, DC office, joins host Patrick Dolan to discuss the US Court of Appeals for the Third Circuit ruling on a case involving the Consumer Financial Protection Bureau (CFPB) and a group of trusts associated with the National Collegiate Student Loan Trust. Eamonn clarifies why CFPB initiated enforcement proceedings against the trusts and their alleged violations related to servicing and collecting student loans, the trusts’ counterargument, and finally, why the court held that the trusts were indeed "covered persons" under the CFPA.Eamonn shares why this ruling has implications for securitization trusts and their classification as “covered persons” under the CFPA, as well as potential enforcement actions by the CFPB in the future.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Christine Dalton, Director, S&P Global, joins host Patrick Dolan to discuss the corporate securitization sector. We explore the assets being securitized and the companies active in the market, and Christine sheds light on the structure and rating of corporate securitizations. Additionally, we discuss the anticipated credit and issuance trends for 2024.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Returning guest Eamonn Moran, Senior Counsel in our Washington, DC office, joins host Patrick Dolan to shed light on the US Supreme Court's reconsideration of its 1984 Chevron decision. Eamonn breaks down the oral arguments, highlighting the significance of readdressing the case. We delve into the questions raised by individual justices, along with the potential implications of the issues for the case. Finally, Eamonn provides insight into our expectations regarding the potential ruling of the US Supreme Court in this case.

Andrew Lom, Global Head of Private Wealth and Head of Financial Services in our New York office, and Rachel Browndorf, Senior Associate based in Denver, join host Patrick Dolan to explore the latest developments across the crypto space including bitcoin Exchange-Traded Funds (ETFs).We discuss the latest SEC-approved changes that permit the creation of bitcoin ETFs. We compare a spot bitcoin ETF with a bitcoin futures ETF, examine the price correlation between the ETFs and the actual bitcoin and look at the current state of trading activity. In addition, we discuss what a spot bitcoin ETF means for investors.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Stephanie Mah, Senior Vice President, Structured Finance Research at Morningstar DBRS, joins host Patrick Dolan to discuss the latest trends across the commercial and residential Property Assessed Clean Energy (PACE) financing. We examine the current size and scope of the commercial PACE market in comparison to the residential PACE market, and discuss the challenges faced by the residential PACE market including the factors influencing its trajectory. Additionally, Stephanie sheds light on potential reasons for the slow uptake of the NYC C-PACE program and explores factors that could catalyze its acceleration.

Fouad Onbargi, Founder and CEO of ABS Advisory, joins host Patrick Dolan to discuss the evolving landscape of the asset-backed securities (ABS) market. We explore the emerging trends in the ABS warehouse financing andABS capital markets and uncover current growth opportunities for investors.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Eamonn Moran, Senior Counsel in our Washington, DC office, returns to speak with host Patrick Dolan about the US Supreme Court’s oral arguments in the case regarding funding of the Consumer Financial Protection Bureau (CFPB). The CFPB was created in 2011, following the 2008 financial crisis, and receives funding from the Federal Reserve. We discuss the questions and issues raised by the individual justices, and how we think the US Supreme Court could rule in this case.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Rachel Browndorf, Senior Associate in our Denver office, joins host Patrick Dolan to discuss the Corporate Transparency Act. Effective January 1, 2024, the new law requires reporting companies to provide Beneficial Ownership Information to the Financial Crimes Enforcement Network (FinCEN). We delve into the Corporate Transparency Act, exploring the steps to determine whether an entity is considered a reporting company, the distinction between beneficial owners and applicants, the required information for filing, including deadlines, penalties for non-compliance and potential exemptions.Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.

Andrew Lom, Partner and Global Head of Private Wealth in the New York office, joins host Patrick Dolan to discuss significant rule changes for private fund advisors. The new rule requires all registered advisors to hedge funds, private equity funds, and other private funds to provide investors with quarterly statements detailing certain information regarding fund fees, expenses and performance in addition to an annual compliance review for any registered advisor, whether they advise private funds or not. We explain how securitized asset funds are excluded from most of these new rules and why the new provisions relating to sales practices, conflicts of interest and compensation will prohibit private fund advisors from providing preferential treatment and doing certain things without prior disclosures. Listen and subscribe to the Securitization Insight podcast on Apple Podcasts, Spotify, or your preferred podcast app.