Brett Ackerman

Brett Ackerman

Latham & Watkins LLP

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SEC Proposes Rules on the Use of Derivatives by Funds

The proposal would place restrictions on certain investment funds to limit their use of derivatives and require certain risk management procedures. On December 11, 2015, the US Securities and Exchange Commission (SEC)...more

2/4/2016 - Derivatives Disclosure Requirements Investment Funds Proposed Regulation Reporting Requirements Risk Management SEC

SEC Approves New Municipal Advisor Fiduciary Duty Rule

The new MSRB rule represents another significant milestone in the MSRB’s development of the comprehensive regulatory framework for municipal advisors mandated under the Dodd-Frank Act. On December 23, 2015, the...more

1/22/2016 - Fiduciary Duty MSRB Municipal Advisers SEC

SEC Proposes Enhanced Transparency and Oversight of Certain Alternative Trading Systems

The proposal would subject ATSs that effect transactions in listed stocks to significant new disclosure and transparency requirements. On November 18, 2015, the US Securities and Exchange Commission (SEC) proposed rules...more

12/1/2015 - Alternative Trading Systems Dark Pool Disclosure Requirements SEC Transparency

Dodd-Frank 5 Years Later: Where Are We Now? Derivatives Regulation for Asset Managers

Assessing the practical implications of derivatives regulations for investment advisers and investment funds of: position limits and aggregation rules, uncleared swaps margin rules, etc. Since the enactment of the...more

12/1/2015 - Asset Management CFTC Derivatives Dodd-Frank EU Japan Margin Requirements Popular SEC Uncleared Swaps

Prudential Regulators Are First to Finalize Uncleared Swap Margin Rules

While the rules provide some clarity, the global market still awaits the finalization of the CFTC and the European margin rules. With the clock ticking on the countdown to finalization of uncleared swap margin rules...more

11/20/2015 - Dodd-Frank Margin Requirements Prudential Regulation Authority Uncleared Swaps

SEC Approves FINRA Rule 2210 Amendment Requiring BrokerCheck Links

The amendments require FINRA members to update their retail websites to include readily apparent references and hyperlinks to BrokerCheck. On October 8, 2015, the Securities and Exchange Commission (SEC) approved a...more

10/13/2015 - Amended Regulation BrokerCheck Brokers FINRA Rule 2210 SEC

Cryptocurrencies Are Commodities: CFTC’s First Bitcoin Enforcement Action

In the absence of specific CFTC regulations regarding Bitcoin, the order helps clarify the CFTC’s positions on cryptocurrency derivatives. On September 17, 2015, the US Commodity Futures Trading Commission (CFTC) issued...more

9/21/2015 - Bitcoin CFTC Commodities Commodities Exchange Act Cryptocurrency DCMs Enforcement Actions SEFs Swaps

FINRA’s New Research Rules

The new rules retain many of the current rules’ core requirements, but expand certain obligations and impose requirements on debt research activities for the first time. On August 26, 2015, the Financial Industry...more

8/28/2015 - Conflicts of Interest Debt Securities Disclosure Requirements Due Diligence Equity Securities Financial Analysts FINRA General Solicitation Information Reports NASD New Regulations SEC

CFTC Proposes Cross-Border Application of Margin Requirements for Uncleared Swaps

The CFTC has proposed rules that would define the reach of Dodd-Frank Act margin requirements in cross-border swap transactions. On June 29, 2015, the US Commodity Futures Trading Commission (CFTC) proposed regulations...more

8/13/2015 - CFTC Cross-Border Transactions Dodd-Frank Margin Requirements Proposed Regulation Prudential Regulation Authority Swaps

Updated: CFTC Clarifies Regulation of Forward Contracts with Embedded Volumetric Optionality

With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality. UPDATE (June 18, 2015): On May 12, 2015, the CFTC adopted the Proposal as proposed (as used...more

6/23/2015 - Amended Regulation CFTC Commodities Commodities Exchange Act Commodity Futures Contracts Counterparties Dodd-Frank Forward Contract Exclusion Forward Contracts Swaps

SEC Proposes Additional Cross-Border Rules for Security-Based Swaps

If finalized, the proposed rule would be the SEC’s second major step toward finalizing the cross-border rules for security-based swaps under the Dodd-Frank Act. On April 29, 2015, the US Securities and Exchange...more

5/28/2015 - CFTC Cross-Border Transactions Dodd-Frank Reporting Requirements SEC Security-Based Swaps Swaps

Regulation SBSR: The Compliance Guide to Reporting Security-based Swaps

SEC has published reporting obligations for SBS without a finalized compliance schedule. Reporting rules for cleared and platform-executed SBS and certain cross-border transactions have not yet been finalized. On...more

3/25/2015 - Final Rules SEC Security-Based Swaps Swaps

UPDATE: Swap Dealers Will Face Significant Challenges from Reproposed Margin Rules for Uncleared Swaps

Note: This version includes an additional section on the Terrorism Risk Insurance Program Reauthorization Act of 2015, which amends certain provisions of the Dodd-Frank Act to exempt certain counterparties from the initial...more

1/27/2015 - Basel Committee CFTC Commodities IOSCO Margin Calls Swap Dealers Swaps

CFTC Proposes to Clarify Regulation of Forward Contracts with Embedded Volumetric Optionality

With recent release, the CFTC hopes to eliminate market uncertainty on forward contracts with embedded volumetric optionality. The comment period recently closed for a proposed interpretation (the Proposal) to further...more

1/13/2015 - CFTC Forward Contracts Major Swap Participants Proposed Regulation Swaps

Swap Dealers Will Face Significant Challenges from Reproposed Margin Rules for Uncleared Swaps

Dealers and major industry participants may be subject to new margin requirements beginning as early as December 1, 2015. Regulators are expected to finalize rules regarding margin requirements for uncleared swaps...more

1/9/2015 - Basel Committee CFTC Covered Entities International Harmonization Major Swap Participants Margin Requirements New Regulations Prudential Regulation Authority Prudential Standards Securities Swap Dealers Swaps

CFTC Staff Issues Relief from Ownership and Control Reporting Rules

The conditional, time-limited no-action letter extends certain compliance deadlines under the new rules. On November 18, 2013, the US Commodity Futures Trading Commission (CFTC) published final rules on Ownership and...more

8/29/2014 - CFTC Compliance No-Action Letters OCR Recordkeeping Requirements Reporting Requirements

SEC Finalizes Partial Framework for the Cross-Border Application of its Derivatives Regulations

The SEC Final Rule is the SEC’s first major step toward implementing its final regulatory regime under Title VII of the Dodd-Frank Act. On June 25, 2014, the Securities and Exchange Commission (SEC) approved a final...more

7/31/2014 - Compliance Cross-Border Derivatives Dodd-Frank SEC Title VII

Updated: CFTC FORM 40/40S Reporting Requirements

Note: This version includes an additional section on cross-border considerations. Significant amendments to the CFTC’s large trader reporting program will apply as of August 15, 2014. The U.S. Commodity...more

7/18/2014 - CFTC Compliance Cross-Border Derivatives Dodd-Frank Reporting Requirements Swaps

CFTC FORM 40/40S Reporting Requirements

Significant amendments to the CFTC’s large trader reporting program will apply as of August 15, 2014. The U.S. Commodity Futures Trading Commission (CFTC) has seemingly increased the number of Form 40/40S requests it...more

6/26/2014 - Aggregation Rules CFTC Dodd-Frank Position Limits Reporting Requirements

CFTC Staff to Host Position Limits and Aggregation Roundtable

Market participants are encouraged to submit further comments to the Commission. The Commodity Futures Trading Commission (CFTC) on May 27, 2014 announced that it will hold a public roundtable at the CFTC on Thursday,...more

5/30/2014 - Aggregation Rules CFTC Commodities Market Participants Proposed Regulation Public Comment Rulemaking Process Swaps

SEC Approves Significant Amendments to FINRA Rules 5110 and 5121

The amendments simplify and refine the scope of FINRA’s corporate financing and conflict of interest rules in several important respects. The Securities and Exchange Commission (SEC) recently approved two proposals...more

5/23/2014 - Banks Compliance Corporate Governance Financial Regulatory Reform FINRA SEC

FINRA’s Proposed Limited Broker Regime Falls Short of Private Fund Needs

FINRA proposes a new “lite” registration regime for private placements and M&A activity. The Financial Industry Regulatory Authority’s (FINRA) recently issued Regulatory Notice regarding proposed rules (Proposed...more

3/20/2014 - Brokers FINRA Private Funds Securities Exchange Act

A More Practical Approach to Broker-Dealer Registration

Recent SEC no-action letter provides business brokers relief from federal broker-dealer registration requirement. On January 31, 2014, the Division of Trading and Markets of the U.S. Securities and Exchange Commission...more

2/19/2014 - Broker-Dealer Brokers No-Action Letters SEC Securities Exchange Act

CFTC Re-Proposes Position Limits Rule and Proposes Revised Aggregation Requirements

The US Commodity Futures Trading Commission (CFTC), on November 5, 2013, re- proposed a rulemaking (the Re-­Proposed Rule) that would establish specific limits on speculative positions in 28 physical commodity futures and...more

12/18/2013 - Aggregation Rules CFTC Common Ownership Compliance Dodd-Frank Position Limits

CFTC Issues Guidance, Exemptions In Advance of SEF Rule Compliance Date

Staff responds to industry concerns and confusion surrounding SEF operations and onboarding. One of the key aspects of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) is...more

10/18/2013 - CFTC Compliance Deadlines Dodd-Frank Exemptions SEFs Title VII

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