Law firm alerts have gone so far as to call the appeal an “existential threat” to the entire syndicated loan market.
The SEC later added to the suspense by requesting two more extensions from the 2nd Circuit, noting the complexity of the issue.
On the other hand, any remaining uncertainty will be resolved as soon as the 2nd Circuit issues a ruling.
But it’s a good bet that the trustee's lawyers from McKool will urge the 2nd Circuit to read the SEC’s silence as proof of the complexity of the issue.
An earlier version incorrectly reported that Judge Michael Park was part of the 2nd Circuit panel that heard oral argument.)
Persons:
Cromwell, JPMorgan Chase, Marc Kirschner, Paul Gardephe, Manhattan, Gardephe, McKool Smith, Jose Cabranes, Joseph Bianco, Myrna Perez, ”, Malcolm Stewart, Christopher Johnson, McKool, SEC wouldn’t, Michael Park, Alison Frankel, Leigh Jones
Organizations:
Sullivan, U.S . Securities, Exchange Commission, U.S, Circuit, SEC, 2nd, JPMorgan, Millennium, U.S . Justice Department, District, Trading Association, Securities Industry, Financial Markets Association, Justice Department, U.S . Treasury Department, Thomson, Reuters
Locations:
U.S .