On July 1, 2020, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the Federal Housing Finance...more
On April 18, the American College of Investment Counsel (the “ACIC”) released a final version of its Model Form Make-Whole and Swap Breakage Indemnity Language (the “Model Provision”), as well as a substantially similar Swap...more
On May 16, the International Swaps and Derivatives Association, Inc. (“ISDA”) published two consultations in connection with the potential discontinuation of certain interbank offered rates (“IBORs”), seeking input on (i) the...more
6/24/2019
/ Benchmarks ,
Derivatives ,
Financial Conduct Authority (FCA) ,
Inter-Bank Offered Rates (IBORs) ,
Interest Rates ,
ISDA ,
Risk Free Rates (RFRs) ,
Rulemaking Process ,
Secured Overnight Funding Rate (SOFR) ,
Swaps ,
UK
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
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
District Court Holds that Assignee is Not Entitled to Safe Harbor Protections -
On May 28, 2015, the United States District Court for the Central District of California affirmed a bankruptcy court order finding that a...more
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
Extension of Certain Dodd-Frank No-Action Relief -
The CFTC recently established a phased compliance timeline for the implementation of the execution requirement currently applicable to certain interest rate swaps and...more
7/3/2014
/ CFTC ,
Commodity Pool ,
Credit Default Swaps ,
Deadlines ,
Dodd-Frank ,
Interest Rates ,
ISDA ,
ISDA Master Agreement ,
No-Action Letters ,
No-Action Relief ,
Swaps
Featured in this month's edition:
- "U.S. Person" Definitions Under the Final Exemptive Order and the Final Guidance, Application to Certain Foreign Branches, and Determination for Collective Investment Vehicles
-...more
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