Our Legal Insights Blog

April 23, 2026

Tokyo Investors See Europe Through a Documentation Lens

The LMA's first Tokyo conference welcomed over 300 people to hear from European credit managers and Japanese LPs. Documentation was center stage, and it matters at two levels: the loan agreements between borrowers and lenders, and the CLO indentures between issuers and noteholders. Japanese investors are paying attention to both.
April 22, 2026

Japanese Covenant Discipline Is Structural

The Japanese LBO market still has what disappeared from the US and European markets a decade ago: a commercial bank on the senior piece and a maintenance covenant still in the deal. Last night at the Andaz in Tokyo, we sat down for the second Covenant Exchange dinner of this APAC run to work out how long those things will hold. I was delighted that the conversation went deep into Japanese market structure - I had so much to learn.
April 15, 2026

The Universal Truth About Documentation Risk – Our Seoul Roundtable

The fourth stop on my global documentation risk roundtable series brought me to Seoul, and it was one of the most diverse conversations in the series so far. The room included professionals working across real estate, private credit, infrastructure, life insurance allocation, fixed income, and fintech. Different asset classes, different parts of the capital structure, and a very different legal and cultural context to the European and US markets I spend most of my time in.
April 9, 2026

When Tech Deals Go Wrong: Why Covenant Analysis Matters More Than Ever in Software Credits

Liability management exercises are no longer the exception. They are a standard part of the sponsor toolkit, and the documentation written just a few years ago is now allowing sponsors and their lawyers to restructure thebalance sheet within the four corners of a credit agreement. In tech and software, that risk is more dire than in any other sector, because the value that moves is the entire value of the business.
April 1, 2026

New Course Announcement: The Framework for Analyzing LMEs

We can no longer assume that funds will be repaid to lenders at par. That was the opening message to the room as we filmed our newest course at Fox Legal Training: A Framework for Analyzing Liability Management Exercises, now available on the FLT platform.
March 30, 2026

The European CLO Market at a Crossroads

Last week, I attended Bloomberg’s fourth annual CLO Summit in London. The conversation was more measured than the headlines have been suggesting. 2025 was a record year for new issuance, resets, and refinancings. Investor demand was strong across the capital stack, and CLOs continued to function as the largest buyer of leveraged loans in Europe. The structure held up, even with geopolitical noise running in the background.
March 23, 2026

When the Music Stops, Read the Fine Print

Something is shifting in the markets. Inflation expectations hit 5.2% last week in the US, the highest since March 2023. Three weeks ago the bond market was pricing in rate cuts. Now the probability of a Fed rate hike by year end (24.6%) is more than three times the probability of a cut (7.5%). Fed fund futures have pushed the next expected cut all the way out to October 2027. That’s the picture in America, but if you think Europe is insulated, think again.
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