Elizabeth J. Elias

Senior Associate

New York

eelias@orrick.com

Read full biography at www.orrick.com

Elizabeth Elias, a Senior Associate in Orrick’s New York office, represents issuers and investors in asset-backed securities transactions, including whole business, commercial PACE lien, oil and gas, and musical composition and sound recording copyright and income stream securitizations.

She also has experience representing a variety of market participants, including sponsors, issuers, underwriters and service providers, in public and private offerings of commercial mortgage-backed securities.

Posts by: Elizabeth J. Elias

The OCC Publishes Final Guidelines on Recovery Planning

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On September 29, 2016, the Office of the Comptroller of the Currency (the “OCC”) published final guidelines establishing enforceable standards for recovery planning. The final guidelines generally apply to banks with average total consolidated assets of $50 billion or more (“covered banks”). If a covered bank fails to meet a guideline, the OCC may require such bank to submit a plan specifying steps the bank would take to comply with the guideline. If, after being notified that it is in violation of a guideline, a covered bank fails to submit an acceptable compliance plan or fails to materially comply with a plan approved by the OCC, the OCC may issue an order enforceable under section 8 of the Federal Deposit Insurance Act. Press Release. Final Guidelines.

Rating Agency Developments

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On September 7, 2016, Moody’s updated and replaced its approach to assessing credit risk for U.S. charter schools. Report.

On September 7, 2016, S&P published its global framework criteria for rating securitizations of nonperforming loans. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Communications Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Merchandising Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Consumer Products Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Oil and Gas Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Oilfield Services Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Companies in the Mining Industry. Report.

On September 2, 2016, DBRS issued a report titled: Rating Container Terminal Operators. Report.

On September 1, 2016, Fitch updated its criteria for servicing continuity risk and incorporated it into the broader counterparty criteria for structured finance and covered bonds. Press release.

CFTC Signs Memorandum of Understanding with Two Mexican Authorities to Enhance Supervision of Cross-Border Regulated Entities

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On September 6, 2016, the U.S. Commodity Futures Trading Commission announced that it “signed a Memorandum of Understanding (MOU) with the Comisión Nacional Bancaria y de Valores (CNBV) and the Banco de México (BDM) regarding cooperation and the exchange of information in the supervision and oversight of certain regulated entities that operate on a cross-border basis in the United States and in Mexico.” Press release.

CFTC Seeks Public Comment on Proposed Whistleblower Rule Amendments

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On September 1, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) announced that it is “requesting public comment on proposed amendments to the Whistleblower Rules found in Part 165 of the CFTC’s regulations.” The amendments would, among other things, “enhance the process for reviewing whistleblower claims and make related changes to clarify staff authority to administer the whistleblower program.” Comments are due on or before September 29, 2016. Press release.

CFTC Issues No-Action Letter to Swap Dealers to Extend Collateral Rule Deadline due to Limitations with Custodial Accounts

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On September 1, 2016, the U.S. Commodity Futures Trading Commission’s (“CFTC”) Division of Swap Dealer and Intermediary Oversight announced that it “issued a time-limited, no-action letter stating that it will not recommend an enforcement action against a swap dealer subject to the September 1, 2016 compliance date for the CFTC’s uncleared swap margin rules, subject to certain conditions, for failing to fully comply with the custodial arrangement requirements of CFTC regulation 23.157 prior to October 3, 2016.” Press release.

Rating Agency Developments

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On August 16, Moody’s supplemented its approach to rating residential mortgage-backed securities (RMBS) in China. Report.

On August 16, Fitch updated its country ceilings cross-sector criteria report. Report.

On August 16, Fitch updated its criteria for rating sukuk. Report.

On August 15, Moody’s updated its rating methodology for U.S. charter schools. Report.

On August 12, Fitch published its U.S. residential mortgage-backed securities (RMBS) non-performing loans rating criteria. Report.

On August 12, Fitch updated its solid waste revenue bond rating criteria. Report.

On August 11, Fitch updated its criteria for rating currency swap obligations of an SPV in structured finance transactions and covered bonds. Report.

On August 11, Fitch updated its criteria for rating tolled roads, bridges and tunnels. Report.

On August 11, Moody’s updated its approach to rating securities backed by FFELP student loans. Report.

Rating Agency Developments

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On July 19, 2016, DBRS published its criteria for rating CLOs backed by loans to European SMEs (small and medium-sized enterprises).  Report.

On July 18, 2016, Fitch published its criteria for assigning new and existing ratings to sovereign issuers.  Report.

On July 18, 2016, Fitch published an addendum that supplements its counterparty criteria for structured finance and covered bonds.  Report.

On July 14, 2016, DBRS published an update to its criteria for evaluating servicers in North American CMBS transactions.  Report.

On July 14, 2016, DBRS published its criteria for rating European covered bonds.  Report.

On July 14, 2016, DBRS published its master European structured finance surveillance methodology.  Report.

Rating Agency Developments

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On July 6, 2016, Moody’s published its rating methodology for European Social Housing Providers. Report.

On July 5, 2016, Fitch updated its global surveillance criteria for structured finance CDOs. Report.

On July 1, 2016, Fitch updated its criteria for rating structured finance servicers. Report.

On July 1, 2016, Fitch released updated criteria for new-issue U.S. and Canadian multiborrower CMBS. Report.

Interim Final Rule Regarding Inflation-Adjusted Civil Money Penalties

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On July 1, 2016, the Office of the Comptroller of the Currency (OCC) published an interim final rule that amends its rules of practice for national banks and federal savings associations to adjust the maximum amount of each civil money penalty (“CMP”) within its jurisdiction.  The effective date of the rule is August 1, 2016, and the adjustments apply only to penalties assessed on or after such date.  The interim final rule includes revisions to charts that set forth the inflation-adjusted maximum CMPs and an addition of a new penalty that makes it unlawful for a creditor who extends credit or provides services for a consumer credit transaction secured by the consumer’s principal dwelling to engage in acts that violate the appraiser independence requirements, among other changes. Press Release. Interim Final Rule.

Rating Agency Developments

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On June 29, 2016, Moody’s published its rating methodology for trading companies. Report.

On June 29, 2016, DBRS published its rating methodology for Canadian structured income funds. Report.

On June 29, 2016, DBRS published its rating methodology for Canadian split share companies and trusts. Report.

On June 27, 2016, DBRS published its rating methodology for Canadian airport authorities. Report.

On June 27, 2016, DBRS published its rating methodology for public universities. Report.

On June 27, 2016, DBRS published its rating methodology for entities in the real estate industry. Report.

On June 23, 2016, Moody’s published its rating methodology for companies in the global automotive supplier industry. Report.