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James M. Cain

James M. Cain

Sutherland Asbill & Brennan LLP


Latest Publications

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Legal Alert: Nearly at the Buzzer, CFTC Affords End-Users Relief from Dodd-Frank Reporting Requirements

On the brink of the compliance date for arguably one of the most burdensome requirements that end-users face under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the Commodity Futures Trading...more

4/22/2013 - CFTC Dodd-Frank End-Users Reporting Requirements Swaps

Legal Alert: DOL Resolves Important ERISA Issues About Cleared Swap Transactions

In Advisory Opinion 2013-01A (February 7, 2013), the Department of Labor (DOL) issued an important advisory opinion addressing the treatment under the Employee Retirement Income Security Act of 1974, as amended (ERISA), of...more

2/14/2013 - DOL ERISA Retirement Plan Swap Agreements Swap Clearing

Legal Alert: ISDA Accepting Comments on Draft Dodd-Frank "Protocol 2.0"

Pursuant to Title VII of the Dodd-Frank Wall Street Reform and Customer Protection Act (Dodd-Frank), the Commodity Futures Trading Commission (CFTC) has adopted a number of final regulations that require swap dealers (SDs)...more

2/6/2013 - CFTC Derivatives Dodd-Frank ISDA Major Swap Participants Protocol 2.0 Swap Clearing Swap Dealers Swaps Title VII

Legal Alert: Court Rejects Safe Harbor Defenses for Futures Customers

On January 4, 2013, the U.S. District Court for the Northern District of Illinois issued an opinion that strikes a significant blow against the rights of futures customers that might otherwise enjoy the Bankruptcy Code’s safe...more

2/1/2013 - Commodity Broker FCMs Futures Investment Funds Safe Harbors Sentinel Management Group

Legal Alert: The CPO and CTA Regulatory Regimes: What Operators of and Advisers to Commodity Pools Should Expect in 2013

There were a number of significant changes to the regulatory regime for commodity pool operators (CPOs) and commodity trading advisors (CTAs) in 2012. As a result of these changes, various types of collective investment...more

1/18/2013 - CFTC Commodities Commodity Pool CPO CTA Dodd-Frank Fund of Funds Investment Firms Swap Dealers Swaps

CFTC Announces Beginning of Real-Time Reporting and Swap Dealer Registration Requirements and Releases List of Provisionally...

Today, Wednesday, January 2, 2013, the Commodity Futures Trading Commission (CFTC) announced that final rules pertaining to: (1) real-time reporting of swap transaction data; and (2) swap dealer registration requirements,...more

1/3/2013 - CFTC Registration Swap Dealers Swaps

CFTC Extends Compliance Dates for Dodd-Frank Requirements Necessitating Amendments to Existing Trade Documentation

On December 18, the Commodity Futures Trading Commission (CFTC), by private vote, adopted interim final rules (Interim Final Rules) to amend the compliance dates for previously issued final rules that establish external...more

12/24/2012 - Business Conduct Standards CFTC Compliance DF-Protocol Dodd-Frank ISDA Major Swap Participants Swap Dealers

Court Dismisses Chamber of Commerce and ICI Lawsuit Over Amendments to CFTC Rule 4.5

On Wednesday, December 12, the United States District Court for the District of Columbia dismissed a joint U.S. Chamber of Commerce (the Chamber) and Investment Company Institute (ICI) lawsuit against the Commodity Futures...more

12/17/2012 - Administrative Procedure Act CFTC Chamber of Commerce Dismissals ICI Investment Company Act of 1940 SEC

CFTC Issues Relief from CPO Registration to Funds of Funds, BDCs and Family Offices; NFA Issues Guidance on the Annual Affirmation...

On November 29 and December 4, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a series of no-action letters that afford relief from registration as a...more

12/10/2012 - CFTC CPO Family Offices Fund of Funds Swap Dealers

CFTC Issues No-Action Relief from Commodity Pool Operator Registration Requirements for Business Development Companies

On December 4, 2012, the Commodity Futures Trading Commission’s (CFTC’s) Division of Swap Dealer and Intermediary Oversight (DSIO) issued no-action relief from commodity pool operator (CPO) registration requirements for...more

12/6/2012 - CFTC Commodity Pool Dodd-Frank Investment Advisers Act of 1940 No-Action Relief Swaps

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