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Understanding the SEC’s new security-based swap dealer regulations - What should commercial end users, funds, and other financial...

This client alert addresses three aspects of security-based swap (SBS) regulations recently issued by the Securities Exchange Commission (SEC) that are relevant to commercial end users, funds, and other financial end users:...more

Derivatives: The year ahead for U.S. commercial end users, funds, and other financial end users

With 2020 now behind us, we look forward to the year ahead while noting just one of the many lessons of the past year: the difficulty of prediction. We simplify the task by limiting our focus to five topics in derivatives...more

Final rule: The CFTC clarifies the extraterritorial application of cross-border derivatives regulation – implications for the buy...

On 14 September 2020, the Commodity Futures Trading Commission (CFTC) published a final rule in the Federal Register entitled "Cross Border Application of the Registration Thresholds and Certain Requirements Applicable to...more

"The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism

On February 15, 2019, the U.S. District Court for the Southern District of New York issued its ruling in the case of Aurelius Capital Master, Ltd. (“Aurelius”) against Windstream Services, LLC (“Windstream”). The origins of...more

Energy and metals companies and funds beware: Your trading positions may be "limited"

On 30 January 2020 the Commodity Futures Trading Commission (CFTC) approved on a 3-2 vote proposed rules addressing position limits on speculative derivatives (Position Limits Proposal). The Position Limits Proposal has a...more

U.S. federal regulators propose making permanent threshold for swap dealer registration potentially benefitting energy companies...

Pursuant to regulations promulgated under the Dodd-Frank Act, entities that make a market in swaps, hold themselves out as dealers in swaps or regularly enter into swaps for their own accounts are required to register as swap...more

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

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

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