Jane’s LME Addiction — BofA drops in on a double Black Diamond navigating uncharted DQ litigation slopes
A New York state judge is preparing to hear a trial between Black Diamond Capital Management and Bank of America, the result of which could provide a better understanding of how lender DQ lists are enforced. In this episode of Cloud 9fin, Jane Komsky unpacks the case and the potential impacts on the broader market with Polsinelli restructuring chair David Karp and 9fin reporter Tom Quinn.The discussion examines the three questions now facing the court: whether Bank of America should have settled a trade with an affiliate to a disqualified lender, whether it satisfied a requirement to provide an economic equivalent when the trade failed, and whether it acted as soon as practicable to find a solution.Karp argues that any ruling is likely to focus on Bank of America’s post-trade conduct rather than overturn the core loan-market principle that a trade is a trade. The case also highlights the value of lender-of-record status, opaque DQ lists, voting rights and the risk to desks that leave trades unsettled.You can read our original story on the litigation here.Have any feedback for us? Send us a note at podcast@9fin.com. Thanks for listening!