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The Delta Report: On the end of LIBOR: preliminary reflections on its implications for derivatives

by White & Case LLP on

Background and how the London Interbank Offered Rate ("LIBOR") works - The financial crisis brought considerable changes to the entire financial regulatory environment and the way many financial instruments, especially...more

EU Authority Acts on New Third-Country Endorsement and Equivalence Regime for Credit Ratings

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published updated Guidelines on the application of the endorsement regime and Technical Advice on the equivalence of certain third-country legal and supervisory frameworks...more

FCA Confirms Reform to the UK IPO Process

by Latham & Watkins LLP on

The new rules are designed to improve the availability of information during the UK IPO process. Key Points: ..New rules will be introduced from 1 July 2018 to change the timing and sequencing of the availability of...more

UK Launches Antitrust Review of the Wholesale Insurance Broker Market

by Jones Day on

The Situation: The UK Financial Conduct Authority has launched a market study into whether competition works well in the insurance broker market. The Impact: The FCA has begun a fact-finding review into the role of...more

The Rise of Western Protectionism Is Set to Impact Global M&A

by Proskauer Rose LLP on

This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

In Brief: First Circuit Rules That Section 1109(b) of the Bankruptcy Code Creates an Unconditional Right to Intervene in an...

by Jones Day on

In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code gave an unsecured...more

What If You Are Ineligible For The Offshore Voluntary Disclosure Program? Attorney Proffers versus Quiet Disclosures

by Sanford Millar on

Since the beginning of the current Offshore Voluntary Disclosure Programs (OVDP) in 2009 tens of thousands of U.S. taxpayers have come forward to report previously undisclosed foreign financial accounts. The addition of the...more

Situs of Debt Owed under Letters of Credit

Supreme Court of England clarifies terms for enforcement of international arbitral awards in Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 - The English...more

EU Proposed Guidelines on Position Calculation by a Trade Repository

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published proposed Guidelines on position calculation by trade repositories under the European Market Infrastructure Regulation. EMIR requires that derivatives contracts are...more

Investment Services Regulatory Update - November 2017

by Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts - SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues No-Action Letters to Facilitate Cross-Border Compliance with the Research “Unbundling” Provisions of the European...more

Environmental Protection is Enshrined as Official Ideology in China Amid Major Reforms

by Latham & Watkins LLP on

President Xi announces a comprehensive, 14-point reform policy that has long-term implications for companies with business interests in China. Key Points: ..President Xi Jinping has formalized a national commitment to...more

Bank Of Tokyo Mitsubishi Sues DFS And Alleges That DFS Has No Investigatory Or Enforcement Authority Over It Since It Is Now...

by Shearman & Sterling LLP on

On November 7, 2017, in the midst of a pending examination by, and implementation of previously agreed upon consent orders with, the New York State Department of Financial Services (“DFS”), the Bank of Tokyo Mitsubishi UFJ...more

EU PRIIPs Regulation – Relevance to Fund Managers Explained

by Proskauer Rose LLP on

Background - On 1 January 2018, European Union (EU) Regulation (No 1286/2014)[1] on key information documents for packaged retail and insurance-based investment products (PRIIPs) comes into force. It will require that a...more

The Delta Report: Brexit update

by White & Case LLP on

In the July 2017 edition of the Delta Report, we provided a snapshot update on Brexit and set out some of the key issues that were beginning to emerge as relating to the regulatory framework for the derivatives market once...more

EU Authority Publishes Advice, Technical Standards and Guidelines under EU Money Market Funds Regulation

by Shearman & Sterling LLP on

The European Securities and Markets Authority has published technical standards, technical advice and Guidelines under the Money Market Funds Regulation. These are: final draft Implementing Technical Standards providing a...more

Notes on the Financial Surveillance Special Voluntary Disclosure Programme process

by Hogan Lovells on

The Financial Surveillance Special Voluntary Disclosure Programme (the FinSurv SVDP) was announced by the Minister of Finance in the February 2016 Budget Speech....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

As we’ve been expecting, the DOJ announced yesterday that it was suing to block AT&T’s $84.5 billion bid for Time Warner over antitrust concerns....more

Japanese Regulator Unveils New Regulatory Framework on High-Frequency Trading, Seeking Public Comments

by K&L Gates LLP on

On May 17, 2017, the Japanese Diet passed an amendment bill (the “2017 Amendment”) to the Financial Instruments and Exchange Act of Japan (Act No. 25 of 1948) (the “FIEA”). The 2017 Amendment includes new regulation on...more

ESMA Q&A on Trading Obligation for Shares Under MiFID II

The European Securities and Markets Authority (“ESMA“) published a press release on November 13, 2017 clarifying the application of the trading obligation for shares to trade certain instruments on-venue under the MiFID II...more

House of Representatives Passes the Tax Cuts and Jobs Act (H.R. 1); Senate Finance Committee Approves Modified Version; Comparison...

by Proskauer - Tax Talks on

Yesterday afternoon, the House of Representatives passed the Tax Cuts and Jobs Act (H.R. 1) (the “House bill”). The House bill is identical to the draft bill approved by the House Ways and Means Committee on November 10. Late...more

News Flash: Kleptocrats Still Taking Bribe Money With One Hand and Laundering it With the Other

The summer of 2017 saw the U.S. Department of Justice’s docket still teeming with Foreign Corrupt Practices Act (FCPA) cases. In this post, we draw a few lessons from three of them, which bring together three threads that...more

ECB Announces Support for Fintech Bank Applicants

by Latham & Watkins LLP on

On 15 November 2017, the European Central Bank (ECB) published a newsletter containing an article on how the ECB is dealing with the increasing number of fintech bank applications. The ECB is the banking supervisor, alongside...more

Brazilian Appeals Court Approves Nordic Trustee's Liberian Ship Mortgage

by Holland & Knight LLP on

The Brazilian Superior Court of Justice granted Nordic Trustee's appeal on Nov. 16, 2017, and recognized the validity of a $530 million First Preferred Liberian Ship Mortgage over the OSX 3 in favor of Nordic Trustee. The OSX...more

Executive Regulation on Value Added Tax in the UAE

by Bracewell LLP on

The United Arab Emirates (“UAE”) Federal Tax Authority has recently published the draft Executive Regulations of Federal Decree Law No. 8 of 2017 on Value Added Tax (the “VAT Law”) which introduces a 5% VAT on the import and...more

Retrenchment on Cuban Sanctions; The Search for a Middle Ground

The Trump Administration has made good on its promise to cut back on the liberalized Cuban policy implemented by the Obama Administration with a new regime that introduces new travel restrictions as well as broad prohibitions...more

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