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CRT and SRT trades: an introductory guide for issuers and investors - June 2024

Our new report provides a practical introduction to credit risk transfer (CRT) and significant risk transfer (SRT) trades. It is a comprehensive starting point for new issuers, investors and other stakeholders. While CRT...more

SEC Adopts Clearing Requirement for U.S. Treasury Transactions

On December 13, 2023, the Securities and Exchange Commission (the “SEC” or “Commission”) adopted rule amendments (the “Amendments”) under the Securities Exchange Act of 1934 that will, in effect, require direct participants...more

SEC Accelerates Schedule 13D/G Filing Deadlines and Issues Guidance on Derivatives and Group Formation

On October 10, 2023, the SEC adopted amendments to the rules governing the reporting of beneficial ownership of securities under Sections 13(d) and 13(g) of the Securities Exchange Act of 1934. The amendments accelerate the...more

FSOC Report on Digital Assets: Mitigate Crypto Risks through Regulatory Oversight

On October 3, 2022, as lawmakers in the United States continue to debate which agencies should regulate crypto-based activities, the Financial Stability Oversight Council (FSOC) released its Report on Digital Asset Financial...more

U.S. Crypto Regulation: Biden Signs Executive Order on Strategy to Regulate Crypto

On March 9, 2022, President Biden signed an Executive Order on Ensuring Responsible Development of Digital Assets. According to an accompanying fact sheet, it is the “first ever, whole-of-government approach” to regulating...more

SEC Proposes New Large Position Reporting Requirements and Prohibitions on Fraud and Manipulation For Security-Based Swaps

On December 15, the Securities and Exchange Commission (SEC) proposed a series of potentially far-reaching changes to the regulation of the security-based swap (SBS) markets. Among other changes, the proposed rules would...more

SEC Proposes New Disclosure Rules for Share Repurchases

On December 15, 2021, the Securities and Exchange Commission (SEC) proposed a new rule “intended to improve the quality, relevance and timeliness of information related to issuer share repurchases.” Specifically, the new rule...more

CFTC Approves Final Rule on Post-Trade Name Give-Up on Swap Execution Facilities

The CFTC has adopted a final rule to prohibit the controversial practice of post-trade name give-up for swaps that are executed anonymously through a Swap Execution Facility (SEF) and are intended to be cleared. Although the...more

CFTC Considers New Approach to Regulation of Electronic Trading

In the wake of considerable market criticism of prior proposals, the CFTC has proposed a new approach to addressing certain risks of electronic trading. The CFTC has now officially withdrawn, on a 3-2 vote, its controversial...more

LIBOR Summer Update: Regulatory Scrutiny Heats Up on Transition Preparedness

With fewer than 18 months until the expected cessation of the London Interbank Offered Rate (LIBOR), regulators have developed a keen interest on how financial institutions are preparing to transition from what has been...more

Regulators Finalize Amendments to the Swap Margin Rule and Seek to Extend Implementation Deadline

On June 25, 2020, the Federal Reserve, Farm Credit Administration, Federal Deposit Insurance Corporation, Federal Housing Finance Agency and Office of the Comptroller of the Currency (the “Agencies”) finalized amendments to...more

SEC Identifies LIBOR Preparedness as an Examination Priority

On June 18, 2020, the Securities Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) announced the details of an examination initiative specifically focused on LIBOR preparedness. OCIE has...more

New ARRC Recommendations for Loans and Spread Adjustments in Light of LIBOR Transition

On June 30, 2020, the Alternative Reference Rates Committee (ARRC) released a series of updates concerning fallbacks and conventions for new variable rate private student loans and syndicated loans, as well as the results of...more

CFTC Approves Proposed and Final Rules on Clearing, Margin and Consumer Privacy

The CFTC has recently published the following final and proposed rules codifying previously issued no action relief and restoring consumer information privacy policies and procedures...more

7/2/2020  /  CFTC , Enforcement Actions

CFTC Issues Final Interpretive Guidance on ‘Actual Delivery’ of Digital Assets

The Commodity Futures Trading Commission (the CFTC) has issued long-awaited final interpretive guidance regarding the “actual delivery” exception to retail commodity transactions involving digital or virtual currencies under...more

ARRC Announces Best Practices for Completing Transition from LIBOR

On May 27, 2020, the Alternative Reference Rates Committee (ARRC) published best practices for completing the financial industry’s transition away from U.S. dollar (USD) LIBOR. With 19 months remaining before the anticipated...more

ARRC Announces Its 2020 Objectives for Facilitating the Transition away from USD LIBOR

On April 17, 2020, the Alternative Reference Rates Committee (ARRC) unveiled its 2020 objectives for facilitating the industry’s transition away from U.S. dollar (USD) LIBOR to the Secured Overnight Financing Rate (SOFR)....more

ARRC Recommends a Five-Year Median Spread-Adjustment Methodology for Cash Products Referencing USD LIBOR

On April 8, 2020, the Alternative Reference Rates Committee (ARRC) released a preliminary recommendation for calculating spread adjustments to cash products referencing USD LIBOR. The calculation methodology should provide...more

ISDA Announces Preliminary Results of Pre-Cessation Fallback Consultation for Derivatives Referencing Libor

On April 15, 2020, the International Swaps and Derivatives Association (ISDA) released the preliminary results of its consultation on the implementation of pre-cessation fallback language for derivatives referencing LIBOR....more

4/27/2020  /  Derivatives , ISDA , Libor

Legal Risk Management in a Crisis

For the first time since the last financial crisis started in August 2007, issues of systemic financial risk have come to the fore. Legal analysis, and an assessment of legal rights, obligations and liabilities, is vital for...more

ARRC Releases NY Law Proposal To Amend Transactions Referencing USD LIBOR

On March 6, 2020, the Alternative Rate Reference Committee (ARRC), the Federal Reserve’s LIBOR-transition working group comprised of private-sector entities and industry regulators, released its New York State legislative...more

COVID-19: Derivatives Implications

The outbreak of the novel coronavirus COVID-19 has implications for derivatives contracts. For example, some companies are asserting that the reported disruptions in the global supply-chain and travel restrictions constitute...more

ISDA Issues Consultation on Pre-Cessation Fallback Provisions to Facilitate LIBOR Transitioning

On February 25, 2020, the International Swaps and Derivatives Association (ISDA) launched a new consultation on how to implement pre-cessation fallback language into derivatives agreements. Responses are due by no later than...more

CFTC Approves Proposed Rule on Post-Trade Name Give-Up on Swap Execution Facilities

In the wake of significant market discussion, the CFTC has proposed an amendment to Part 37 of the Commission’s regulations to eliminate the practice of “post-trade name give-up” for swaps traded on certain swap execution...more

CFTC Staff Issues Three Letters Providing LIBOR Transition Relief to Market Participants

The Commodity Futures Trading Commission (CFTC) has issued three no-action letters providing relief for swap transactions (and amendments to swap transactions) in connection with the expected market transition from using the...more

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