News & Analysis as of

Swaps Financial Institutions

Goodwin

Agencies Issue Final Guidance on Third-Party Risk Management

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Agencies Issue Final Guidance on Third-Party Risk Management - On June 6, the Federal Reserve, FDIC, and OCC issued final joint guidance (the Guidance) pertaining to banking organizations’ risk management of third-party...more

Cadwalader, Wickersham & Taft LLP

SVB and Signature Bank Resolution – CFTC-Related Implications

Many of the transactions involving qualified financial contracts (“QFC”) with Silicon Valley Bank (“SVB”) and Signature Bank constitute Commodity Futures Trading Commission (“CFTC”) jurisdictional transactions that may be...more

Troutman Pepper

Regulatory Considerations in the Death of LIBOR — Recent Guidance Suggests a Partial Stay of Execution

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Who Needs to Know - Lenders and borrowers involved in financing transactions, any companies using LIBOR swap or derivative transactions. ...more

Orrick - Finance 20/20

CFTC Approves Final Rule Exempting Certain Swaps from Swap-Clearing Requirements

Orrick - Finance 20/20 on

On November 2, the Commodity Futures Trading Commission (CFTC) approved a final rule exempting swaps entered into by certain financial institutions from the CFTC’s swap-clearing requirement under the Commodity Exchange Act...more

Morrison & Foerster LLP

Prudential Banking Regulators Amend Their Margin Rules For Non-cleared Swaps

On July 1, 2020, five U.S. prudential regulators published in the Federal Register two separate rulemakings containing significant amendments of the margin rules for non-cleared swaps applicable to swap dealers that are...more

Stoel Rives - Renewable + Law

CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements

On February 20, 2020, the Commodity Futures Trading Commission (CFTC) unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps”...more

Skadden, Arps, Slate, Meagher & Flom LLP

An Illusory Promise or Real Change? Transition at CFTC Brings Hope for Dodd-Frank Act Revisions

Over the past five years, the Commodity Futures Trading Commission (CFTC) has settled 20 enforcement actions against financial institutions for violations of various Dodd-Frank Act regulatory requirements (i.e., rules other...more

Goodwin

Financial Services Weekly News: Regulators Prepare for End of LIBOR

Goodwin on

I’m Dreaming of . . . LIBOR Cessation and Transition. While many of us were enjoying the holiday season, federal and state financial regulators were focused on the transition away from the London Interbank Offered Rate...more

Morrison & Foerster LLP

Prudential Banking Regulators Propose Amendments to Margin Rules for Non-cleared Swaps

Morrison & Foerster LLP on

On November 7, 2019, five U.S. prudential regulators published in the Federal Register significant amendments (including the accompanying release, the “PR Amendments”) that they are proposing to modify the margin rules (the...more

A&O Shearman

Landmark benchmark manipulation claim fails

A&O Shearman on

Marme v Natwest Markets & Others - The High Court today (25 February 2019) handed down judgment in the case of Marme Inversiones v Natwest Markets plc & Others([2019] EWHC 366 (Comm)), dismissing Marme's misrepresentation...more

Jones Day

SIDRU Judgment: Hedging Transaction Not Rendered Speculative Even if It Exposes Party to Unlimited Risk

Jones Day on

The Context: In the wake of the Saint-Leu-la-Forêt decision of May 28, 2018, France's Court of Cassation issued an important decision on structured swaps concerning legal actions brought by public authorities against banks...more

Orrick - Finance 20/20

CFTC Unanimously Approves a Proposal to Amend the Clearing Requirement to Help End-Users

On August 23, 2018, the Commodity Futures Trading Commission (“CFTC“) unanimously proposed a rule that “exempt[s] from the clearing requirement swaps entered into by bank holding companies and savings and loan holding...more

Morrison & Foerster LLP

CFTC Proposes to Maintain Swap Dealer De Minimis Threshold at $8 Billion

On June 4, 2018, the Commodity Futures Trading Commission (“CFTC” or “Commission”) by a 2 to 1 vote proposed to amend its regulations to maintain the de minimis exception threshold from swap dealer registration at the...more

Hogan Lovells

U.S. federal regulators propose amendments to swap margin regulations to clarify treatment of certain amendments to legacy swaps

Hogan Lovells on

The Dodd-Frank Act requires entities that engage in swap activities to either submit their swaps for clearing with a central clearinghouse or to collect and post collateral (margin) based on the daily mark-to-market exposure...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC and DOJ File a Flurry of Spoofing Actions

On January 29, 2018, the Commodity Futures Trading Commission (CFTC) announced the filing of eight anti-spoofing enforcement actions: three settlements with financial institutions and five complaints filed in federal district...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

The DOL went to bat for its controversial fiduciary rule in a 5th Circuit briefing this week, but it agreed to drop a prohibition on class-action waivers that was further ruffling feathers....more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - Fee Rate Advisory #3 for Fiscal Year 2017 - On May 31, 2017, the Securities and Exchange Commission ("Commission") announced that starting July 4, 2017, the fee rates applicable to most...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - CFTC Proposes to Amend Rules Governing Chief Compliance Officer Duties and Annual Reports for Certain Registrants - On May 3, 2017, the U.S. Commodity Futures Trading Commission...more

Orrick, Herrington & Sutcliffe LLP

Derivatives In Review - May 2017

CME and LCH Amend Rulebooks on Variation Margin - Market participants historically have characterized cleared derivatives as being "collateralized-to-market", treating variation margin transfers as daily collateral...more

Stinson - Corporate & Securities Law Blog

CFTC Requests Public Input on Simplifying Rules

The CFTC voted to seek public input on simplifying and modernizing the Commission’s rules. The action is part of an initiative which has been dubbed “Project KISS.”...more

Kramer Levin Naftalis & Frankel LLP

Funds Talk: May 2017 - CFTC Among Regulators Demanding Cybersecurity Vigilance

While the Securities and Exchange Commission (SEC) has garnered significant attention for its increased efforts and focus on regulating and enforcing enhanced cybersecurity measures within the U.S. financial markets, the...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

SEC Approves Rules to Ease Investor Access to Exhibits in Company Filings - On March 1, 2017, the Securities and Exchange Commission (SEC) voted to adopt rule and form amendments that will require issuers to include a...more

Troutman Pepper

Update: Prudential Regulators Delay Compliance Deadline for New Swap Margin Rules

Troutman Pepper on

If you have been following our alerts on the pending deadlines (and the delays of these deadlines by certain regulators) of the new swap variation margin rules (New Swap Margin Rules) that were due to go into effect on March...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - New York Department of Financial Services Promulgates First-in-the-Nation State Cybersecurity Regulation - On February 16, 2017, the New York Department of Financial Institutions...more

Troutman Pepper

Update: CFTC Delays Compliance Deadline for New Swap Margin Rules

Troutman Pepper on

Although the letter technically does not delay the effective date of March 1, 2017, from the perspective of the buy side, the letter functions as a “grace period,” and the compliance date has been moved to September 1, 2017....more

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