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Orrick's Derivatives in Review - October 2014

Prudential Regulators and CFTC Re-Propose Rules for Uncleared Swap Margin - Both the Commodity Futures Trading Commission and the prudential regulators re-proposed their April 2011 proposed rules imposing initial and...more

10/30/2014 - Banks Basel Committee CFTC Cross-Border Transactions Derivatives Dodd-Frank Extraterritoriality Rules ISDA Master Agreement Margin Requirements Proposed Regulation Prudential Regulation Authority SEC SIFMA Swaps

Orrick's Derivatives in Review - July 2014

Extension of Certain Dodd-Frank No-Action Relief - The CFTC recently established a phased compliance timeline for the implementation of the execution requirement currently applicable to certain interest rate swaps and...more

7/3/2014 - CFTC Commodity Pool Credit Default Swaps Deadlines Dodd-Frank Interest Rates ISDA ISDA Master Agreement No-Action Letters No-Action Relief Swaps

Orrick's Derivatives in Review - March 2014

Publication of 2014 ISDA Credit Derivatives Definitions - On February 21, the International Swaps and Derivatives Association, Inc. announced the publication of the 2014 ISDA Credit Derivatives Definitions, which...more

3/20/2014 - Bitcoins CFTC Dodd-Frank ISDA Lehman Brothers Virtual Currency

Orrick's Derivatives in Review - August 2013

Featured in this month's edition: - "U.S. Person" Definitions Under the Final Exemptive Order and the Final Guidance, Application to Certain Foreign Branches, and Determination for Collective Investment Vehicles -...more

8/27/2013 - Chapter 9 Derivatives Detroit Dodd-Frank Exemptive Orders Financial Transaction Tax IRS Municipal Bankruptcy Swaps

Commentary: Five Lessons from the Municipal Derivatives Litigation Front

Pre-financial crisis, interest rate derivatives were widely recognized as a valuable part of the municipal issuer’s financial toolkit. Post-crisis, they have been a thorn in the side of many issuers, resulting in expensive...more

6/17/2013

Orrick's Derivatives in Review - June 11,2013

The Derivatives in Review highlights important legal, regulatory and other newsworthy developments in the area of derivatives....more

6/12/2013 - CFTC Derivatives Dodd-Frank Financial Transaction Tax ISDA Margin Requirements SPEs

Second Circuit Rules That Payments Made To Purchase Notes Are Exempt from Avoidance Under Section 546(e) of the Bankruptcy Code

The United States Court of Appeals for the Second Circuit held, on June 10, 2013, that payments made by a company to purchase notes issued by an affiliate were transfers made in connection with a “securities contract,” and...more

6/12/2013 - Commercial Loans Exemptions Preferential Transfers Purchase Agreement Securities Trustees

The New CFTC Regulatory Regime For Private Fund Managers; First Quarter 2013 Update

The enactment of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) and its implementation by the Commodity Futures Trading Commission (“CFTC”) has ushered in a new era of...more

4/19/2013 - CFTC Commodities Exchange Act Dodd-Frank Exempt Organizations Major Swap Participants Private Funds Reporting Requirements Swap Clearing Swaps

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