Elizabeth J. Elias

Senior Associate

New York


Read full biography at www.orrick.com

Elizabeth Elias, a Senior Associate in Orrick’s New York office, represents a variety of market participants, including sponsors, issuers, underwriters and service providers, in public and private offerings of commercial mortgage-backed securities.  She also has experience representing issuers in a variety of asset-backed securities transactions, including PACE lien and whole business securitizations.

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Posts by: Elizabeth J. Elias

Rating Agency Developments

 

On January 4, 2017, KBRA updated its methodology for rating Single-Family Rental (SFR) securitizations. Report.

On January 4, 2017, KBRA updated its methodology for rating U.S. CMBS multi-borrower securitizations. Report.

On December 30, 2016, DBRS updated its Canadian surveillance methodology for CDOs of large corporate credit. Report.

On December 29, 2016, Fitch updated its rating criteria for U.S. equipment lease and loan ABS. Report.

Rating Agency Developments

On December 14, 2016, Fitch published its rating criteria for debt issued by airports. Report.

On December 12, 2016, DBRS released its methodology for rating project finance. Report.

On December 12, 2016, DBRS released its methodology for rating solar power projects. Report.

On December 12, 2016, DBRS released its methodology for rating wind power projects. Report.

On December 12, 2016, DBRS released its methodology for rating companies in the pipeline and the diversified energy industry. Report.

On December 12, 2016, DBRS released its preferred share and hybrid security criteria for corporate issuers. Report.

On December 8, 2016, Fitch updated its EMEA RMBS rating criteria with an addendum for analyzing securities backed by Belgian residential mortgage loans. Report.

On December 8, 2016, Fitch updated its EMEA RMBS rating criteria with an addendum for analyzing securities backed by French residential mortgage loans. Report.

On December 8, 2016, DBRS released its surveillance methodology for CMBS transactions. Report.

FHFA Issues Final Rule on Fannie Mae and Freddie Mac Duty to Serve Underserved Markets

On December 13, 2016, the Federal Housing Finance Agency (FHFA) issued a final rule implementing the Duty to Serve provisions mandated by the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended by the Housing and Economic Recovery Act of 2008 (HERA).  The statute established a duty for Fannie Mae and Freddie Mac to serve three underserved markets: manufactured housing, affordable housing preservation and rural housing.  The intent of the provisions is to increase the liquidity of mortgage investments and improve distribution of investment capital available for mortgage financing for very low-, low- and moderate-income families in the manufactured housing, affordable housing preservation and rural housing markets. Press Release. Final Rule.

 

Federal Banking Agencies Finalize an 18-Month Examination Cycle for Small Banking Institutions

On December 12, 2016, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve Board and the Office of the Comptroller of the Currency (OCC) finalized rules that generally allow well-capitalized and well-managed banks and savings associations with less than $1 billion in total assets to benefit from an 18-month examination cycle rather than a 12-month cycle.  Prior to the adoption of the interim final rules, only firms with total assets of less than $500 million were eligible to benefit from the extended 18-month cycle.  The final rules are meant, among other things, to reduce regulatory compliance costs for smaller institutions. Press Release. Final Rule.

No-Action Relief Allowing Use of Consolidated Risk Disclosure Statement

 

On November 30, 2016, the U.S. Commodity Futures Trading Commission‘s Division of Swap Dealer and Intermediary Oversight provided no-action relief to futures commission merchants (FCMs) and introducing brokers (IBs), allowing them to provide non-institutional customers with a single, consolidated risk disclosure statement containing the same material information required in several risk disclosure statements. The intent is to provide greater efficiency and potentially reduce confusion to customers. Release.

Rating Agency Developments

 

On November 30, 2016, Fitch published its U.S. water and sewer revenue bond rating criteria. Report.

On November 29, 2016, Fitch published its rating criteria for RMBS transactions in Europe, Middle East and Africa (EMEA). Report.

On November 29, 2016, Fitch published its rating criteria for GARVEE bonds. Report.

On November 28, 2016, DBRS published an update to its approach to rating U.S. RMBS transactions. Report.

On November 28, 2016, Moody’s published its approach to rating Europe, Middle East and Africa (EMEA) CMBS transactions. Report.

Rating Agency Developments

 

On October 4, 2016, Moody’s published its approach to rating revenue bonds of U.S. municipal Joint Action Agencies (JAA). Report.

On October 3, 2016, DBRS published derivative criteria for European structured finance transactions. Report.

On October 3, 2016, Moody’s published its approach to assessing credit risk for rated issuers in the business and consumer service industry. Report.

On October 3, 2016, Moody’s published its approach to rating credit tenant lease and comparable lease financings. Report.

On October 3, 2016, Moody’s published its rating methodology for companies in the global integrated oil and gas industry. Report.

On September 30, 2016, Moody’s published methodology for rating debt issuance under certified capital company, new markets tax credit and similar programs. Report.

On September 29, 2016, Fitch published its methodology for assigning new and monitoring existing international ratings to aircraft enhanced equipment trust certificates (EETCs). Report.

The CFPB Publishes Final Rule for Prepaid Accounts

 

On October 5, 2016, the Consumer Financial Protection Bureau (the “CFPB”) finalized comprehensive consumer protections for prepaid account users that require, among other things, financial institutions to limit consumer losses when funds are stolen or cards are lost. The new rule also requires financial institutions to allow consumers free, easy access to account information and finalizes new “Know Before You Owe” disclosures to give consumers clear information about fees and other key details regarding prepaid accounts. Press Release. Final Rule.

The OCC Publishes Guidance Concerning Foreign Correspondent Banking Accounts

 

On October 5, 2016, the Office of the Comptroller of the Currency (the “OCC”) issued risk management guidance that addresses periodic reevaluations of risks associated with foreign correspondent banking accounts. The guidance includes the OCC’s best practices for banks to consider when conducting reevaluations and making account termination and retention decisions. Press Release.

The OCC Proposes Rule to Address Concerns Relating to Exercise of Default Rights Under Qualified Financial Contracts

 

On October 3, 2016, the Office of the Comptroller of the Currency proposed a rule to enhance the resilience of federally chartered and licensed financial institutions. The proposed rule addresses concerns relating to the exercise of default rights under certain financial contracts that could interfere with the orderly resolution of systemically important financial firms. The rule requires, among other things, covered banks to ensure that covered qualified financial contracts (i) limit the exercise of default rights based on the insolvency of an affiliate of a covered bank and (ii) contain contractual stay-and-transfer provisions analogous to the statutory stay-and-transfer provision set forth under title II of the Dodd-Frank Act and the Federal Deposit Insurance Act. Comments on the proposed rule are due on October 18, 2016. Press Release.