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Guarantees of Interest Rate Swap Obligations by Non-ECP Guarantors Are Probably Illegal and Unenforceable

Options for Lenders to Consider Until the CFTC Offers Further Guidance - The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain...more

4/23/2013

The Extraterritorial Reach of Derivative Regulation Under Dodd-Frank

In the wake of the financial crisis, global regulators have endeavored to undertake significant regulatory reform of the swaps markets. In 2009, the members of the G-20 agreed that: (i) the OTC derivatives contracts should be...more

4/15/2013 - Capital Requirements CFTC Derivatives Dodd-Frank Extraterritoriality Rules Major Swap Participants OTC Swap Dealers Swaps

Searching For Swap Regulation Relief Under Dodd-Frank

As a general matter, commodity swaps and options on commodities, whether or not physically settled, are subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act. This is because the...more

9/20/2012 - Commodities Exchange Act Dodd-Frank SEC Swaps

Dodd-Frank Rules Clarify Relief from Swap Regulation for Certain Energy, Emission and Other Commodity Swaps

As a general matter, commodity swaps and options on commodities, whether or not physically settled, are subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). This is because...more

9/5/2012 - CEA CFTC Dodd-Frank Forward Contract Exclusion Swap Agreements Swaps

What Every End-User Needs to Know About the ISDA August 2012 Dodd-Frank Protocol

Prior to October 15, 2012, all counterparties under existing ISDA Master Agreements or other swap agreements with swap dealers will be required to supplement such swap agreements so that the swap dealers can comply with...more

8/3/2012 - DF-Protocol Dodd-Frank End-Users ISDA Swap Agreements Swap Dealers Swaps

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