On July 12, ISDA initiated a market-wide consultation on technical issues related to new benchmark fallbacks for derivatives referencing certain interbank offered rates, or IBORs, in response to the expected discontinuance of...more
8/24/2018
/ Benchmarks ,
Bitcoin ,
CFTC ,
Cryptocurrency ,
Derivatives ,
Digital Currency ,
Dodd-Frank ,
FinTech ,
Foreign Currency ,
Hedging ,
ISDA ,
Proposed Regulation ,
Virtual Currency ,
White Papers
English Supreme Court Brings an End to Dexia - Prato Swap Dispute -
On January 18, the English Supreme Court refused to grant Comune di Prato, an Italian local authority with responsibility for the municipality of Prato in...more
An Overview of Proposed Regulation AT -
Orrick attorneys authored an overview of Regulation Automated Trading (known as "Regulation AT") proposed by the Commodity Futures Trading Commission ("CFTC") in the May/June 2016...more
8/2/2016
/ Bitcoin ,
Blockchain ,
CFTC ,
Derivatives ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Electronic Trading ,
Financial Institutions ,
Financial Markets ,
Innovative Technology ,
IRS ,
Regulation AT ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Swap Dealers ,
Swaps
The disruptive effects of blockchain technology on the financial system may take several years to materialize. Nevertheless, in preparation, regulators are increasingly focused on understanding potential uses of blockchain...more
8/1/2016
/ Bitcoin ,
Blockchain ,
CFTC ,
Derivatives ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Markets ,
Innovative Technology ,
Popular ,
Securities ,
Transparency ,
Virtual Currency
On July 13, 2016, the Securities Exchange Commission (“SEC”) approved certain amendments and guidance to the rules governing the reporting and public dissemination of security-based swaps (“SBS”), known as “Regulation SBSR,”...more
Novo Banco and CDS – A Post-Mortem -
The 2014 ISDA Credit Derivatives Definitions updated the previous set of credit derivatives definitions to, among other things, include a credit event for “Governmental Intervention.”...more
4/22/2016
/ CFTC ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Dodd-Frank ,
Electricity ,
End-Users ,
Financial Markets ,
ISDA ,
Margin Requirements ,
Natural Gas ,
Recordkeeping Requirements ,
Reporting Requirements ,
Swap Dealers ,
Swaps ,
Trading Platforms
Prudential Regulators Approve Final Uncleared Margin Rules -
In October, the prudential regulators approved a final version of the September 2014 re-proposed rule generally imposing initial and variation margin...more
NYDFS Finalizes BitLicense Regulations -
On June 3, 2015, the New York Department of Financial Services released its final BitLicense regulations, which it described as "the first comprehensive framework for regulating...more
6/16/2015
/ BitLicense ,
CFTC ,
Department of Financial Services ,
Derivatives ,
End-Users ,
IRS ,
Mandatory Clearing Requirements ,
Payment Schedules ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Security-Based Swaps ,
SPVs ,
Trade Options
NYDFS Releases Revised BitLicense Proposal -
On February 4, 2015, the New York State Department of Financial Services ("NYDFS") released a revised version of its proposed virtual currency regulations (commonly referred...more
3/13/2015
/ American Bankruptcy Institute ,
Automatic Stay ,
Bankruptcy Code ,
BitLicense ,
CFTC ,
Chapter 11 ,
Department of Financial Services ,
Derivatives ,
Foreign Exchanges ,
Foreign Markets ,
Forward Contracts ,
Ipso Facto Clauses ,
ISDA ,
Liquidation ,
Margin Requirements ,
NDFs ,
Section 362 ,
Swaps
The Bitcoin Marketplace and Regulatory Environment: An Overview -
Startup companies and financial products focused on bitcoin continue to burgeon, resulting in various regulators recently proposing regulations, making...more
Prudential Regulators and CFTC Re-Propose Rules for Uncleared Swap Margin -
Both the Commodity Futures Trading Commission and the prudential regulators re-proposed their April 2011 proposed rules imposing initial and...more
10/30/2014
/ Banks ,
Basel Committee on Banking Supervision (BCBS) ,
CFTC ,
Cross-Border Transactions ,
Derivatives ,
Dodd-Frank ,
Extraterritoriality Rules ,
ISDA Master Agreement ,
Margin Requirements ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
Securities and Exchange Commission (SEC) ,
SIFMA ,
Swaps
The enactment of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) and its implementation by the Commodity Futures Trading Commission (“CFTC”) has ushered in a new era of...more