Patrick Clancy

Patrick Clancy

Shearman & Sterling LLP

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EU Clearing Obligation for Interest Rate Swaps Looms

Implementation of the obligation for central clearing of OTC derivatives under the European Market Infrastructure Regulation now seems imminent. The European Commission has adopted a Delegated Regulation that would impose a...more

8/24/2015 - CFTC Clearing Agencies Counterparties Derivatives EMIR EU European Commission Interest Rate Swaps ISDA Libor

Update On Third-Country Equivalence Under EMIR

The European Commission has adopted “equivalence” decisions on the derivatives regulatory regimes for central counterparties in Australia, Hong Kong, Japan and Singapore. Further decisions are awaited for other jurisdictions...more

5/28/2015 - Australia CCPs Derivatives EMIR Equivalency Determinations ESMA EU European Commission Financial Regulatory Reform Hong Kong Japan Singapore Trade Repositories

Bank Recovery and Resolution Directive – Implications for Repo and Derivative Counterparties

The Bank Recovery and Resolution Directive (BRRD) introduces an EU-wide regime for recovery and resolution planning for, and for resolution action to be taken in respect of, banks and large investment firms (typically the...more

5/13/2015 - Banking Sector EU EU Directive Investment Management

Scotland: The Succession Event Question

In this note we analyse some of the consequences for sovereign CDS resulting from a vote for Scottish independence. Scotland: The Succession Event Question - A vote for an independent Scotland will have many...more

9/16/2014 - CDS Scotland UK

Scotland: Legal Issues on Proposed Independence

On 18 September 2014, the referendum on Scottish independence will take place. Opinion polls suggest that the outcome is too close to call. This note highlights various legal issues related to the referendum and Scottish...more

9/16/2014 - EU Financial Institutions Independence Rules Scotland UK UK Concurrency Regime

Timing and Scope of EU Clearing Obligation for Derivatives

The European Securities and Markets Authority is consulting on the mandatory clearing obligation for certain derivatives. Draft regulatory technical standards have been published for the mandatory clearing of certain interest...more

7/18/2014 - Clearing Agencies Derivatives EMIR ESMA EU European Commission Financial Regulatory Reform

Don’t Cry for Me Argentine Bondholders: Argentina and Exchange Bondholders File Certiorari Petitions

On February 18, both Argentina and the Exchange Bondholders Group filed petitions for writs of certiorari with the Supreme Court, seeking review of the Second Circuit’s rulings in the pari passu litigation. We discuss below...more

2/26/2014 - Bonds Certiorari SCOTUS

Initial Swap Trading Requirements Come into Effect—Limited Relief for Packaged Trades and Some EU Facilities

The Commodity Futures Trading Commission has imposed for the first time a requirement that certain swaps be traded on a regulated market. Beginning February 15, 2014, certain cleared interest rate swaps and index credit...more

2/14/2014 - CFTC EU Swap Dealers Swap Execution Facilities Swaps

Actions Required For Hedge Funds Under Derivatives Reforms – Europe Update

The European Market Infrastructure Regulation (EMIR1) imposes new reporting, clearing, collateral and conduct of business requirements on all derivatives market participants which are based in the EU or deal with EU...more

2/12/2014 - Derivatives EMIR ESMA EU Hedge Funds

ESMA Advice on Third-Country Equivalence Under EMIR, II

On 3 September, ESMA published its technical advice to the European Commission on the equivalence of the US and Japanese derivatives frameworks to the EU rules. On 2 October, ESMA supplemented its technical advice with...more

10/22/2013 - Derivatives EMIR Equivalency Determinations ESMA EU European Commission Japan

Don’t Cry for Me Argentine Bondholders: Avoiding Supreme (Court) Confusion

Argentina is in hot pursuit of multiple audiences before the Supreme Court: two petitions for writs of certiorari filed by Argentina are pending in the NML v. Argentina cases, and another is almost certainly on the way. In...more

9/27/2013 - Bonds Certiorari Debt Restructuring Discovery Foreign Official Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

ESMA Advice on Third-Country Equivalence Under EMIR

Clarity to market participants on the equivalence of derivatives rules to European requirements has been much anticipated. On 3 September, ESMA published its technical advice to the European Commission on the equivalence of...more

9/6/2013 - Derivatives EMIR Equivalency Determinations ESMA EU Financial Regulatory Reform

Don’t Cry for Me Argentine Bondholders: The Second Circuit Rules

On August 23, the Second Circuit issued its long-awaited opinion on Argentina’s appeal from the Southern District’s amended injunction requiring that Argentina make “ratable payment” to the plaintiffs when it next makes...more

8/28/2013 - Bonds Certiorari Creditors SCOTUS

Alert: ESMA Consults on Extraterritoriality

The extraterritorial effect of new financial regulation is a controversial issue, fundamental to the business of banks, brokers, funds and their clients. A consultation paper containing proposed rules on certain...more

8/5/2013 - Cross-Border EMIR ESMA EU European Commission Extraterritoriality Rules

Actions Required Under Derivatives Reforms

The first wave of financial regulatory change affecting banks, brokers and their users is in the field of derivatives. Various deadlines for new reporting, clearing and conduct of business requirements are imminent. The...more

7/31/2013 - Banks Brokers Collateral Derivatives EMIR ESMA Hedge Funds OTC

Don’t Cry for Me Argentine Bondholders: Argentina Seeks Supreme Court Review

Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court. On June 24, the Republic...more

6/28/2013 - Bonds Debt Restructuring FISA Foreign Official Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

Fed Rewrites Section 716 of Dodd-Frank

The Federal Reserve on Wednesday, June 5, issued an interpretation of the so-called “swaps push-out” section of the Dodd-Frank Act that corrects a drafting error that virtually everyone agrees needed to be fixed. The Federal...more

6/10/2013 - Dodd-Frank FDIC Federal Reserve Foreign Banks OCC Swap Dealers Swaps

CFTC Grants No-Action Relief From Clearing Requirement for Certain Treasury Affiliates

On June 4, 2013, the Division of Clearing and Risk (the “Division”) of the US Commodity Futures Trading Commission (the “CFTC”) granted limited no-action relief from the mandatory clearing requirement for swaps entered into...more

6/6/2013 - Affiliates CFTC Commercial End-User Exception Dodd-Frank No-Action Relief Swap Clearing

Don’t Cry For Me Argentine Bondholders: Plaintiffs Reject Argentina’s Proposal

The plaintiffs have squarely rejected the proposal that Argentina made in its March 29 reply to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs....more

4/22/2013 - Bonds Debt Restructuring Sovereign Debt

CFTC Swap Reporting No-Action Relief Granted; Other Dodd-Frank Deadlines Approaching

On April 9, 2013, the US Commodity Futures Trading Commission (the “CFTC”) granted last minute no-action relief from portions of the CFTC’s swap reporting rules. The relief delays certain compliance deadlines for many swap...more

4/15/2013 - CFTC Dodd-Frank No-Action Relief Reporting Requirements Swaps

Don’t Cry For Me Argentine Bondholders: Argentina Responds To The Second Circuit’s Inquiry

In responding to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs, Argentina has once again made it clear that it will not treat the plaintiffs any...more

4/1/2013 - Bonds Debt

Don’t Cry for Me Argentine Bondholders: Second Circuit Requests a Payment Proposal

The Second Circuit has ordered Argentina to submit a payment proposal, following oral argument in the NML v. Argentina appeal. As we reported in our February 28 note, the three-judge panel of the Second Circuit expressed...more

3/1/2013 - Bonds NML v Argentina

Don’t Cry for Me Argentine Bondholders: Important Argument in the Second Circuit

The three-judge panel of the Second Circuit heard approximately two-and-a-half hours of vigorous oral argument in NML v Argentina yesterday. While no decision was announced, the judges gave strong suggestions as to their...more

2/28/2013 - Bonds NML v Argentina

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