David Barwise

David Barwise

White & Case LLP

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Latest Publications


The Delta Report – Derivatives Newsletter: January 2017

In this first issue of The Delta Report for 2017, we cover crucial updates on developments in the derivatives space in Europe and Asia. In the UK, Brexit-related issues continue to take the spotlight. The Article 50 challenge...more

2/13/2017 - Article 50 Treaty of the EU Asia BRRD Cross-Border Debt Financing Debtors-in-Possession Derivatives EU Germany Hong Kong Monetary Authority (HKMA) Insolvency ISDA Master Agreement Lehman Brothers Margin Requirements MiFID II MiFIR Netting Agreements Non-Cleared Swaps OTC SFO Singapore The Great Repeal Bill UK Brexit

"Possession or control" of Financial Collateral – Matter Number C-156/15

The Court of Justice of the European Union ("CJEU") has given its first ever ruling on the question of what constitutes "possession or control" of financial collateral for the purposes of the Financial Collateral Directive -...more

2/3/2017 - Bank Deposits CJEU Collateral Creditors Debtors EU Financial Collateral Directive (FCD) Insolvency Latvia Priority Disputes Right to Control Right to Possession Supreme Court of Latvia

The Delta Report – Derivatives Newsletter: September 2016

In this issue of The Delta Report, we bring you further updates on developments in the global derivatives space. In Europe, the focus is on Brexit and the newly-released EU final regulatory standards on the valuation of...more

9/24/2016 - Asia Bail-In Provisions Bankruptcy Court BRRD CFTC Collateralized Debt Obligations Cross-Border Derivatives Dodd-Frank Electric Generation Suppliers EMIR End-Users EU Final Rules Germany Hong Kong ISDA Mandatory Clearing Requirements Margin Requirements Natural Gas Netting Agreements OTC SEC Singapore Swaps Trade Options UK Brexit Uncleared Swaps

European Margin Rules for Non-Cleared OTC Derivatives – Final Draft RTS are adopted by the European Supervisory Authorities

On 8 March 2016, the European supervisory authorities (the "ESAs") adopted the long-awaited final draft RTS on margin requirements for non-cleared derivatives (the "Margin Rules"). The Margin Rules constitute the risk...more

7/18/2016 - Derivatives Draft Guidance EMIR EU European Supervisory Authorities (ESAs) FX Swaps Mandatory Clearing Requirements Margin Requirements Non-Cleared Swaps OTC RTS

The SFTR – The EU Expands its Rulebook to Cover Securities Financing Transactions and the Reuse of Collateral

The Regulation on Transparency of Securities Financing Transactions and of Reuse (2015/2365) (the "SFTR") entered into force on 12 January 2016 following publication in the Official Journal of the European Union on 23...more

7/16/2016 - AIFMD Collateral Agreements Disclosure Requirements EMIR EU Reporting Requirements RTS Sanctions Securities Financing Transactions (SFTs) Security-Based Swaps SFTR UCITS

OTC Derivatives Reporting and Clearing in Singapore – An Update on the Regulatory Reforms

Since 2012, in line with its commitment to the G20 and Financial Stability Board ("FSB") reform objectives, the Monetary Authority of Singapore (the "MAS") has undertaken a comprehensive review of the Securities and Futures...more

7/14/2016 - Amended Regulation Commodities Derivatives Derivatives Clearing Organizations FSB Mandatory Clearing Requirements Monetary Authority of Singapore OTC Regulatory Reform Reporting Requirements Securities and Futures Act (SFA) Singapore

Casting the Net Wider to Address "Too Big to Fail" - The ISDA 2015 Universal Resolution Stay Protocol

21 major global banks signed the ISDA 2015 Universal Resolution Stay Protocol at launch. Pursuant to the ISDA 2015 Universal Resolution Stay Protocol, these banks have agreed to suspend their termination rights in relation to...more

7/12/2016 - Asset Management Banking Sector BRRD Cross-Border Transactions Derivatives FSB Insolvency Investment Management ISDA ISDA Master Agreement Lehman Brothers Orderly Liquidation Authority Securities Financing Transactions (SFTs) SIFIs Stay Protocols Swaps Termination Clauses Too Big to Fail

The Delta Report - June 2016

White & Case LLP is proud to introduce the first edition of our derivatives newsletter, The Delta Report. In each issue, we will highlight recent key regulatory developments across the Americas, Europe and Asia and discuss...more

6/22/2016 - CFTC Derivatives EU ISDA Margin Requirements No-Action Relief Non-US Entities OTC RTS SEC SFTR Singapore Swap Trading Uncleared Swaps

European Commission’s proposal on banking structural reform - a Volcker Rule for Europe

On 29 January 2014, the European Commission published a legislative proposal for a Regulation on structural reforms to the EU banking sector (the “Proposed Regulation”). The Proposed Regulation advances the recommendations...more

2/10/2014 - Banking Reform Bill EU European Commission Financial Regulatory Reform Foreign Banks Volcker Rule

Bankruptcy remoteness – a remote prospect?

Lawyers and investment bankers involved in setting up structured products such as asset backed commercial paper, CDOs, CMBS and CLOs often strive to achieve “bankruptcy remoteness” for the vehicle issuing the product...more

11/27/2013 - Asset-Backed Securities Bonds CMBS Collateralized Debt Obligations Collateralized Loan Obligations Commercial Bankruptcy EU Rating System Securitization Vehicles UK

The credit rating market for structured finance instruments: new requirements for issuers, originators and sponsors

On 31 May 2013, Regulation (EU) No 462/2013 (the “Amendment Regulation”) that further amends Regulation (EC) No 1060/2009 on credit rating agencies was published in the Official Journal. This was accompanied by a short...more

6/14/2013 - AIFMD Credit Ratings Disclosure Requirements EU European Commission European Securities and Markets Authority (ESMA) Risk Assessment Structured Financial Products

The CFTC and the Division of Swap Dealer and Intermediary Oversight Publishes a Series of No-Action Letters, Q&As and Faqs

In the space of a few days in mid-October, the Commodity Futures Trading Commission (the “CFTC”) published a number of Q&As and FAQs and the CFTC staff at the Division of Swap Dealer and Intermediary Oversight (the...more

12/5/2012 - CFTC No-Action Letters Swap Dealers

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