News & Analysis as of

Derivatives

A&O Shearman

Basel Committee issues final technical amendment on hedging of counterparty credit risk exposures

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The Basel Committee on Banking Supervision (BCBS) has published a final technical amendment to the Basel framework, clarifying the treatment of guarantees and credit derivatives used to hedge counterparty credit risk (CCR)...more

Hogan Lovells

UK Court of Appeal considers the FCA’s Conduct of Business (COBS) rules on client categorisation of elective professional clients

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The UK Court of Appeal has considered the adequacy of an assessment that a regulated firm made when categorising a client as an elective professional client. ...more

Katten Muchin Rosenman LLP

Are You Using 'Finfluencers': Practical Guidance for CFTC-Registered Derivatives Intermediaries and Exchanges

Retail participation in futures, forex and swaps has accelerated markedly in recent years, propelled by low-cost access, mobile platforms and growing interest in crypto-referenced instruments, event contracts and micro-sized...more

Moore & Van Allen PLLC

The Desk: November

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In keeping with the theme of things during the U.S. government shutdown, this month’s edition of The Desk does not follow our traditional order. Instead of launching into our Enforcement Round-Up first, we begin with the...more

Paul Hastings LLP

What You Should Know About the CFTC, Part 3: Looking Forward

Paul Hastings LLP on

In Part 3 of this three-part series, we address the current outlook of the CFTC and how it may evolve given changes in leadership. In late October, the Trump administration nominated Michael Selig to serve as the new CFTC...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 27

FCA Sets Out T+1 Settlement Expectations for UK Asset Managers and Alternative Firms - On 23 October 2025, the Financial Conduct Authority (FCA) published a letter directed at firms within its Asset Management and...more

Mayer Brown Free Writings + Perspectives

Reducing the Regulatory Burden – EU Commission De-Prioritizes Non-Essential Regulation in Securities and Derivative Markets

Under the European Union regulatory framework, primary legislation (e.g., directives such as the Markets in Financial Instruments Directive (MIFID II) and the Anti-Money Laundering Directive) ("Level 1 Measures") are...more

Katten Muchin Rosenman LLP

Clear Skies Ahead? Predicting the Use of the Floor Trader Exemption in Event Contract Markets to Avoid Swap Dealer Registration

The availability of prediction markets has exploded for American consumers, as contracts that allowed people to bet on the outcome of the 2024 presidential election gained popularity. Prediction markets are generally...more

A&O Shearman

ESMA Issues Second Statement on the Transition for the Application of the MiFID II/MiFIR Review

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The European Securities Markets Authority (ESMA) has issued a second public statement providing transitional guidance on the application of revised provisions under the Markets in Financial Instruments Directive II (MiFID II)...more

Clark Hill PLC

From Steel to Spices: Why Derivative Tariffs Deserve Every Importer’s Attention

Clark Hill PLC on

Section 232 tariffs were once seen as a fortress for U.S. metals. Yet, that fortress now casts a much longer shadow. Companies far removed from the steel and aluminum sector could soon find themselves ensnared in tariffs they...more

A&O Shearman

ESMA Publishes Q&A on Consolidated Error Reporting for Exchange-Traded Derivatives

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The European Securities and Markets Authority (ESMA) has published a Q&A (ESMA_QA_2660) on whether reporting counterparties can submit a single consolidated Errors and Omissions Notification for exchange-traded derivatives...more

Cadwalader, Wickersham & Taft LLP

NAVigating What’s Next, October 2025 - Two Notable Reports Advance the Credit Risk Transfer Conversation

Two recent reports—one by the IMF and another from the Philadelphia Fed—assess credit risk transfer (CRT)  transactions and conclude that the product serves as a useful tool in reallocating credit risk and optimizing risk...more

Conyers

Landmark BVI Derivative Application Win Paves the Way for Hong Kong Proceedings

Conyers on

Conyers is pleased to announce that following a highly contested and vigorously opposed two-day hearing on 25 and 26 June 2025, the BVI High Court granted a significant victory to Mr Ma, Kwok Leung, to commence derivative...more

Haynes Boone

Financial Regulatory Roundup October 2025

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We’re pleased to share the October edition of our Financial Regulatory Roundup Newsletter, highlighting key developments shaping the financial regulatory landscape. In the latest issue we discuss: - NYDFS Issues Two...more

Cadwalader, Wickersham & Taft LLP

Boundaries of Banking and Markets, October 2025 - CFTC’s Advisory on Exchange-Listed Sports Event Contracts

On September 30, 2025, the Commodity Futures Trading Commission (“CFTC”) staff issued an advisory (the “Advisory”) in anticipation of the impending government shutdown. However, in essence, the Advisory has very little to do...more

Katten Muchin Rosenman LLP

FCA Publishes Market Watch Issue 84 on UK EMIR Refit Implementation

On 30 September 2025, the Financial Conduct Authority (FCA) published issue 84 of Market Watch (Issue 84), providing a one-year review of the UK European Market Infrastructure Regulation (UK EMIR) Refit implementation and its...more

Orrick, Herrington & Sutcliffe LLP

OCC issues Q2 2025 reports on mortgage performance and bank trading

Recently, the OCC released two reports detailing mortgage and trading activity, respectively, in the federal banking system for the second quarter of 2025. ...more

Katten Muchin Rosenman LLP

Breaking Barriers: SEC-CFTC Host Historic Harmonization Roundtable

In what the agencies are touting as “a new era of collaboration” and “a new day for US capital markets,” the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) held a historic joint...more

Moore & Van Allen PLLC

The Desk: October

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Happy October, the CFTC kept us very busy in September. Nonetheless, it’s time to plan your Halloween costume (unless like me, your children have already decided that for you). Options are Ghost of PTMMM (roams the halls...more

A&O Shearman

ESMA Publishes Updated Instructions for Weekly Commodity Derivative Position Reporting

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The European Securities and Markets Authority (ESMA) has published updated reporting instructions and XML schema (version 1.2.0) for weekly commodity derivatives position reporting under MiFID II. The changes reflect...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 26

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

BakerHostetler

Weekly Blockchain Blog – September 2025 #4

BakerHostetler on

New Stablecoins Launch in Europe, U.S. Credit Card Offers Bitcoin Rewards - Cryptocurrency exchange Bullish recently published a press release announcing that its European affiliate, Bullish Europe, will be the first...more

Troutman Pepper Locke

CFTC Seeks Public Feedback on Tokenized Collateral and Stablecoins Initiative

Troutman Pepper Locke on

On September 23, Acting Chairman of the Commodity Futures Trading Commission (CFTC) Caroline Pham announced the launch of an initiative focused on the use of tokenized collateral, including stablecoins, in derivatives...more

Paul Hastings LLP

What You Should Know About the CFTC, Part 1: The Regulatory Basics

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In Part 1 of this three-part overview of the Commodity Futures Trading Commission (CFTC), we take a look at the basics of CFTC regulation, highlighting what you need to know about the agency and its jurisdiction....more

ASKramer Law

Tax-Loss Harvesting Part IV: Derivatives

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Is there a place for derivatives in tax-loss harvesting? Yes. As we discussed in Part I, losses that are appropriate for tax-loss harvesting can be generated from a wide range of capital assets, including sales of stocks,...more

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