Some investors have used credit default swaps in recent years to manufacture credit events and for other purposes related to activist conduct. In response to criticisms of these practices and in particular to a perception...more
If you trade interest rate derivatives, it is virtually certain that your trade confirmations incorporate the 2006 ISDA Definitions. As market practice and regulation have developed over the past 15 years, the 2006...more
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
The International Swaps and Derivatives Association, Inc. (ISDA) has published the ISDA 2020 IBOR Fallbacks Protocol (the IBOR Fallbacks Protocol). This client alert sets out key issues counterparties may wish to consider in...more
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 current COVID-19 pandemic has already impacted many derivatives transactions. This note sets out a checklist of key legal issues market participants may need to consider in relation to OTC derivatives contracts....more
7/4/2020
/ Basel Committee on Banking Supervision (BCBS) ,
Business Disruption ,
Contract Termination ,
Contract Terms ,
Coronavirus/COVID-19 ,
Derivatives ,
Dispute Resolution ,
Financial Markets ,
Force Majeure Clause ,
IOSCO ,
ISDA Master Agreement ,
Market Participants ,
Material Adverse Events ,
Notice Requirements ,
Over The Counter Derivatives (OTC) ,
Popular ,
Risk Assessment
The coronavirus COVID-19 is causing disruption across many business contexts and it would be prudent to do a check of your contractual obligations to determine if there are any consequences of the current disruption. While...more
Bitcoin and other digital assets were conceived as radical, decentralized currencies that would operate independently, outside of traditional banking systems and unencumbered by regulations....more
11/1/2018
/ Bitcoin ,
Commodities ,
Cryptocurrency ,
Derivatives ,
Digital Currency ,
Enforcement Authority ,
Financial Transactions ,
Investment Products ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Oversight ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
As you may know, on July 27, 2017 the UK's Financial Conduct Authority (FCA) chief executive Andrew Bailey announced that market participants should not rely on the London Interbank Offered Rate (LIBOR) being available after...more
10/10/2017
/ Banking Sector ,
Benchmarks ,
Capital Markets ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Interest Rates ,
ISDA ,
Libor ,
Loan Agreements ,
Loan Market Association ,
Sterling Overnight Index Average (SONIA) ,
Swaps ,
UK