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Swaps Eligible Contract Participant

Akin Gump Strauss Hauer & Feld LLP

A Simple Framework for Determining Whether Dodd-Frank Applies to Your Energy Trade

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”) authorizes the Commodity Futures Trading Commission (“CFTC”) to comprehensively regulate energy trading activities. Dodd-Frank is...more

Katten Muchin Rosenman LLP

CFTC Issues Guidance Regarding Swap Execution Facilities

On November 14, the Commodity Futures Trading Commission’s Divisions of Clearing and Risk, Market Oversight and Swap Dealer and Intermediary Oversight (the Divisions) issued guidance to swap execution facilities (SEFs) and...more

Eversheds Sutherland (US) LLP

CFTC Adopts Final SEF, “Available to Trade” and Block Trade Rules – Implications for End - Users

The Commodity Futures Trading Commission (CFTC) recently adopted three final rules pursuant to Title VII of the Dodd-Frank Wall Street Reform and Customer Protection Act that impact the manner in which end-users’ cleared...more

Stinson - Corporate & Securities Law Blog

ECP Guarantor Provisions In Corporate Credit Agreements

Many corporate credit agreements are supported by subsidiary guarantees. Those guarantees often include not only the guaranty of the obligations under the credit agreement but also any related swap agreements. The CFTC has...more

Shumaker, Loop & Kendrick, LLP

Impact of Dodd-Frank Swap Regulations on Guaranties and Loan Documentation

Often in connection with commercial loans, borrowers will enter into hedging transactions (“swaps”) for the purpose of mitigating interest rate, commodity or currency risk. Such swaps will frequently be entered into directly...more

Katten Muchin Rosenman LLP

CFTC Issues Guidance in Conjunction with "Swap" Definition Effective Date

In light of the numerous regulatory changes triggered by the definition of “swap” taking effect on October 12, Commodity Futures Trading Commission staff released a series of no-action letters and interpretations late last...more

Eversheds Sutherland (US) LLP

CFTC Affords Relief and Guidance in Light of Final Swap Definition’s Effective Date

On October 12, 2012, the Commodity Futures Trading Commission’s (CFTC) and Securities and Exchange Commission’s (SEC) final rules to further define the term “swap” (among other terms) became effective. The effective date of...more

Morrison & Foerster LLP

The CFTC’s No-Action Letter Relating to Eligible Contract Participants and Swap Guarantee Arrangements

Morrison & Foerster LLP on

In a no-action letter issued on October 12, 2012 (the “No-Action Letter”), the Office of the General Counsel (“OGC”) of the Commodity Futures Trading Commission (the “CFTC”) clarified a number of matters relating to the...more

Stinson - Corporate & Securities Law Blog

CFTC Addresses Definition of Eligible Contract Participant

Section 723(a)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act amended Section 2(e) of the Commodity Exchange Act, or CEA to provide that “it shall be unlawful for any person, other than an [eligible...more

McDermott Will & Emery

Focus on Private Equity -- Issue 2, October 2012

McDermott Will & Emery on

In This Issue: Excerpt from Year-End Tax Planning Steps for Private Equity The last time the Bush tax cuts were set to expire at the end of 2010, we saw numerous clients scrambling to execute end-of-the-year...more

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