Lehman Brothers Special Financing v. BNY Corporate Trustee Services

Published on:
November 1, 2010

SIFMA has submitted an Amicus “Friend of the Court” Brief

Court:

U.S. District Court

(S.D.N.Y.)

Amicus Brief Issue:

Whether “flip clauses” – which subordinate amounts payable to Lehman (in favor of collateralized debt obligation (CDO) noteholders) on the termination of credit default swaps backing synthetic CDOs – are enforceable, or whether such clauses are barred by the ipso facto doctrine of bankruptcy law.

Counsel of Record:

Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street

New York, NY 10019

Steven J. Fink

Orrick, Herrington & Sutcliffe LLP

The Orrick Building

405 Howard Street

San Francisco, CA 94105

Thomas C. Mitchell

Details

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