In this issue:

- CFTC Issues No-Action Relief to FCMs Relating to Enhanced Customer Protection Rules

- Eleventh Circuit Upholds Directors’ Affirmative Defenses Based on FDIC’s Post-Receivership Conduct

- Delaware Chancery Analyzes Scienter Requirement in Insider Trading Claim

- Agencies Retreat on TruPS CDOs

- OCC Proposes Risk Guidelines for Large Banks; Plans to Apply Part 30 to Federal Savings Institutions

- Excerpt from OCC Proposes Risk Guidelines for Large Banks; Plans to Apply Part 30 to Federal Savings Institutions:

On January 16, the Office of the Comptroller of the Currency (OCC) released a proposal setting forth new standards based on the agency’s heightened expectations program for large national banks and federal savings associations that would be enforceable under part 30 of its regulations.