Maureen A. Donley

Maureen A. Donley

Skadden, Arps, Slate, Meagher & Flom LLP

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"Prudential Regulators Extend Swaps Clearing Exemptions and Exceptions to Non-Cleared Swap Margin Requirements"

On August 2, 2016, federal banking regulators (Prudential Regulators) adopted a final rule (PR Margin Exemptions) implementing exemptions from the Prudential Regulators’ impending initial and variation margin requirements for...more

8/10/2016 - Banking Regulators CFTC Dodd-Frank Margin Requirements Non-Cleared Swaps SEC Security-Based Swaps Swap Dealers

"Recent Bills to Amend Dodd-Frank Preview Coming Attractions in Post-Election Congress"

Recently introduced legislation suggests that Republicans and Democrats in post-election Congress will be looking in very different directions on how to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act...more

7/29/2016 - Basel III Civil Monetary Penalty Commodities Exchange Act Cross-Border Derivatives Dodd-Frank FDIC Financial Institutions FSOC FX Forwards Political Parties Presidential Elections Proposed Amendments SEC Swaps

CFTC Proposes to Apply Clearing Requirement to Additional Interest Rate Swaps

On June 9, 2016, the Commodity Futures Trading Commission (CFTC) proposed to require additional interest rate swaps to be centrally cleared. Since December 2012, the CFTC has required four classes of interest rate swaps...more

6/17/2016 - CFTC Commercial End-User Exception Derivatives Derivatives Clearing Organizations Interest Rate Swaps Mandatory Clearing Requirements Swaps

CFTC Finalizes Cross-Border Margin Rules for Uncleared Swaps

On May 24, 2016, the Commodity Futures Trading Commission (CFTC) adopted final rules (cross-border margin rules) that specify how its recently issued uncleared margin rules apply to cross-border transactions. Chairman Timothy...more

6/6/2016 - CFTC Cross-Border Dodd-Frank Final Rules Major Swap Participants Margin Requirements Swap Dealers Swaps Uncleared Swaps

"CFTC Proposes Exclusion of Certain Electric Power and Natural Gas Contracts From 'Swap' Definition"

On April 4, 2016, the Commodity Futures Trading Commission (CFTC) proposed guidance that would exclude certain capacity contracts in electric power markets (capacity contracts) and natural gas peaking supply contracts from...more

4/11/2016 - Capacity Market CEA CFTC Electric Generation Suppliers Electricity Natural Gas Supply Contracts Swaps

"CFTC Eliminates End-User Trade Option Reporting Requirements and Addresses Applicability of Position Limits"

The Commodity Futures Trading Commission (CFTC or Commission) adopted a final rule effective March 21, 2016, that eliminates the reporting and recordkeeping requirements under the CFTC’s existing trade option exemption for...more

3/28/2016 - CFTC Derivatives End-Users Major Swap Participants Position Limits Reporting Requirements Swap Dealers

"Derivatives Regulators Reach Agreement on Cross-Border Harmonization for Central Clearing Counterparties"

Recent regulatory actions by the U.S. Commodity Futures Trading Commission (CFTC) and the European Commission (EC) are bringing an end to years of negotiation on how to regulate central clearing counterparties (CCPs)...more

3/25/2016 - CCPs CFTC Cross-Border Derivatives Equivalency Determinations EU European Commission European Securities and Markets Authority (ESMA)

"CFTC Staff Provides Foreign Intermediary Registration Relief for Foreign Customers' Uncleared Swaps"

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission (CFTC) has issued no-action relief from the requirement to register as an introducing broker (IB), commodity trading advisor...more

2/17/2016 - CFTC Commodity Broker Commodity Pool Introducing Brokers No-Action Relief Registration Requirement Uncleared Swaps

"CFTC Aims to Lower the Bar on Proving Manipulation in Pending Cases"

In two separate Commodity Futures Trading Commission (CFTC) enforcement actions before district courts in New York and Chicago, the CFTC has asked each court to adopt holdings that would significantly enhance the CFTC’s...more

1/23/2016 - CFTC Commodities Exchange Act Enforcement Actions Federal Pleading Requirements Fraud Kraft Price Manipulation Rule 10b-5

"Bitcoins and the Blockchain: The CFTC Takes Notice of Virtual Currencies"

As interest in bitcoin derivatives has increased, the Commodity Futures Trading Commission (CFTC) has turned more of its attention toward virtual currencies. For a little more than a year, at least two trading facilities...more

1/21/2016 - Bitcoin CFTC Commodities Commodities Exchange Act Derivatives Swap Market Virtual Currency

"CFTC Proposes Regulation AT for Automated Trading"

The Commodity Futures Trading Commission (CFTC) has proposed new rules — Regulation Automated Trading (Regulation AT) — that would impose new and potentially burdensome risk and compliance controls on any person engaged in...more

1/21/2016 - Algorithmic Trading CFTC DCMs Derivatives FCMs Reporting Requirements

"Prudential Regulators Finalize Margin Requirements for Non-Cleared Swaps"

Federal banking regulators (Prudential Regulators) have finalized much-anticipated rules (Final Rules) relating to initial and variation margin requirements for certain swaps and security-based swaps that are not centrally...more

11/3/2015 - Affiliates CFTC Commercial End-User Exception Compliance Dates Covered Swap Entities (CSE) Cross-Border Customer Collateral Requirements Derivatives Final Rules Investment Management Margin Requirements Non-Cleared Swaps Prudential Regulation Authority SEC Security-Based Swaps Swaps

"CFTC Asserts Jurisdiction in Bitcoin Markets"

The Commodity Futures Trading Commission (CFTC) recently took a series of actions confirming views expressed late last year by CFTC Chairman Timothy Massad that "[d]erivatives contracts based on a virtual currency represent...more

10/2/2015 - Bitcoin CFTC Commodities Commodities Exchange Act Derivatives Jurisdiction Popular SEFs Swap Trading Swaps Virtual Currency

"CFTC Extends Registered Futures Association Membership Requirement to Introducing Brokers, Commodity Pool Operators and Commodity...

The Commodity Futures Trading Commission (“CFTC”) unanimously approved a final rule (“Final Rule”) that formally extends the existing registered futures association (“RFA”) membership requirement to registered introducing...more

9/14/2015 - Brokers CFTC Commodity Pool CPOs CTA Derivatives Final Rules Investment Adviser Major Swap Participants National Futures Association NFA Registered Futures Association Membership Registration Requirement Swap Dealers Swaps

"SEC Finalizes Registration Rules for Security-Based Swap Entities"

On August 5, 2015, the Securities and Exchange Commission (SEC) adopted final registration rules for security-based (SB) swap dealers and major SB swap participants (collectively SBS Entities). Concurrently, the SEC also...more

8/13/2015 - CFTC Dodd-Frank Major Swap Participants Registration Requirement SBS Entities SEC Securities Exchange Act Security-Based Swaps Swap Dealers Swaps Threshold Requirements

"CFTC Proposes Rules for Cross-Border Application of Uncleared Margin"

The Commodity Futures Trading Commission (CFTC) recently proposed rules1 to address the cross-border application of margin requirements for uncleared swaps for swap dealers and major swap participants not subject to...more

7/15/2015 - CFTC Commodities Cross-Border Derivatives Margin Requirements Non-US Entities Prudential Regulation Authority SEC Swaps

"CFTC Issues Revised Embedded Volumetric Optionality Interpretation for Swaps"

On May 12, 2015, the Commodity Futures Trading Commission (CFTC) issued revised interpretive guidance for forward contracts with embedded volumetric optionality (EVO). In 2012, the CFTC and Securities and Exchange Commission...more

5/19/2015 - CFTC Forward Contracts Guidance Update Interpretive Opinions Major Swap Participants SEC Swap Dealers Swaps

"CFTC Proposes to Reduce Trade Option Reporting Requirements for Commercial End-Users"

Trade options are physically settled over-the-counter options on most deliverable commodities (e.g., agricultural, energy, or metals) where the buyer is a producer, processor, commercial user or merchant of the commodity...more

5/4/2015 - CFTC DMO End-Users Reporting Requirements Swap Data Repositories Swaps Trade Options

"SEC Proposes How to Apply Security-Based Swap Rules to Non-US Persons When Using US Personnel"

On April 29, 2015, the Securities and Exchange Commission (SEC) proposed new rules1 that would address how registration, SEC Regulation SBSR and other SEC requirements for security-based swap transactions would apply to a...more

5/4/2015 - CFTC Non-US Entities SEC Security-Based Swaps Swaps

"CFTC Extends Annual Report Deadline for Certain Chief Compliance Officers"

Last week, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued no-action relief that provides chief compliance officers (CCOs) of registered swap dealers (SDs),...more

3/31/2015 - Annual Reports CFTC Chief Compliance Officers DSIO Filing Deadlines Future Commission Merchants Major Swap Participants Swap Dealers Swaps

"SEC Releases Final and Proposed Rules Regarding SB Swap Reporting"

The Securities and Exchange Commission (SEC) recently issued three releases with final and proposed regulations addressing the reporting of security-based swaps (SB swaps) called for by the Dodd-Frank Act. The regulations...more

3/2/2015 - CFTC Dodd-Frank Final Rules Proposed Regulation Reporting Requirements SEC Security-Based Swaps

"MiFID 2: Reforming the Regulation of EU Securities and Derivatives Markets"

The European Union has begun a wide-ranging and radical reform of its securities and derivatives markets through MiFID 2, which is scheduled to be implemented across the EU by January 3, 2017. Implementation is dependent on a...more

1/28/2015 - Derivatives EU Financial Regulatory Reform MiFID Securities

"Reconciling Regulatory Requirements in Cross-Border Derivatives Takes Center Stage"

As the Commodity Futures Trading Commission (CFTC) completes the derivatives regulations mandated by the Dodd-Frank Act, the European Union continues to develop its own derivatives rules. Both sets of regulations seek to...more

1/27/2015 - Basel III CFTC Derivatives Dodd-Frank EU International Harmonization IOSCO MiFID Regulatory Agenda

"CFTC Staff Issues Annual Report Advisory and Extends Annual Report and Acknowledgment Letter Deadlines"

Annual Report Advisory - On December 22, 2014, the Division of Swap Dealer and Intermediary Oversight (Division) of the U.S. Commodity Futures Trading Commission (CFTC) released an advisory (Advisory) providing...more

12/31/2014 - Annual Reports CFTC Chief Compliance Officers DSIO FCMs Major Swap Participants

"Congress Lessens Impact of Swaps Push-Out Rule"

On December 16, 2014, President Barack Obama signed into law a bill that lessens the impact of Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, more commonly known as the “Swaps Push-Out...more

12/19/2014 - Dodd-Frank FDIC Foreign Banks Push-Out Requirements Section 716 Swaps

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