News & Analysis as of

Distributed Ledger Technology (DLT) Derivatives

Latham & Watkins LLP

On the Margins: CFTC’s Digital Asset Markets Subcommittee Recommends Expanded Use of Non-Cash Collateral Through Blockchain...

Latham & Watkins LLP on

With appropriate safeguards, distributed ledger technology may expand the use of non-cash assets as derivatives collateral, while mitigating certain market infrastructure inefficiencies....more

Cadwalader, Wickersham & Taft LLP

ISDA Publishes Digital Asset Derivatives Definitions and Accompanying Whitepaper Addressing Netting and Collateral Issues

On January 26, the International Swaps and Derivatives Association, Inc. (“ISDA”) published the ISDA Digital Asset Derivatives Definitions (the “Definitions”). The Definitions are intended for documenting privately negotiated...more

Latham & Watkins LLP

ISDA’s Legal Guidelines Herald a Smarter Future for Derivatives Contracts

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In a new publication, ISDA explores the benefits of digitization and blockchain solutions for global foreign exchange derivatives markets. As blockchain and distributed ledger technology (DLT) use cases continue to grow...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - October 2020

Recent and significant regulatory and legislative events in the digital asset space demonstrate the evolving and expanding approach by U.S. and international regulators to the burgeoning digital asset markets. These...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Imposes Restrictions on the Sale of Cryptoassets and Related Products

The U.K. Treasury and the U.K. Financial Conduct Authority (the FCA) have taken steps to restrict the sale of cryptoassets and ban the sale of derivatives referencing cryptoassets (crypto-derivatives) to U.K. retail...more

Proskauer - Blockchain and the Law

CFTC Chairman States Ether is a Commodity

In remarks made at the Yahoo! All Markets Summit in New York, Heath Tarbert, Chairman of the U.S. Commodity Futures Trading Commission (CFTC), said that he believed the Ether cryptocurrency was a “commodity” and should be...more

Sullivan & Worcester

Ether Is…a Commodity

Sullivan & Worcester on

It is official. Finally. On October 10, 2019, the Commodity Futures Trading Commission (“CFTC”) Chairman Heath Tarbert announced that he believes ether is a commodity and thus falls under the jurisdiction of the CFTC....more

Katten Muchin Rosenman LLP

Bridging the Weeks - July 2019 #2

The United Kingdom’s Financial Conduct Authority proposed to ban the marketing and sale in or from the UK to retail persons of derivatives and exchange-traded notes based on cryptocurrencies and utility digital tokens,...more

Orrick, Herrington & Sutcliffe LLP

Smart Contracts That Violate the Commodity Exchange Act: What Parties Are Liable?

In recent years, the U.S. Commodity Futures Trading Commission (CFTC) has devoted significant resources to addressing how the requirements of the Commodity Exchange Act (CEA) and the regulations thereunder apply to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: As Interest in Blockchain Technology Grows, So Do Attempts at Guidance and Regulation

In 2018, the number of blockchain-enabled projects increased sharply as established companies sought to apply distributed ledger technology to their existing business models and startups developed new and disruptive models...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

U.S. Financial Industry Developments - FINRA Requests Comment on Financial Technology Innovation in the Broker-Dealer Industry - On July 30, 2018, the Financial Industry Regulatory Authority ("FINRA") published a...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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As widely expected, the Fed nudged short term interest rates up another quarter percent yesterday and reflected its belief in the strength of the US economy by promising another two rate hikes this year....more

Katten Muchin Rosenman LLP

Bridging the Week - December 2017

Three CFTC-Regulated Exchanges Self-Certify Bitcoin Derivatives Contracts: On December 1, three exchanges regulated by the Commodity Futures Trading Commission self-certified new cash-settled derivatives contracts based on...more

Orrick, Herrington & Sutcliffe LLP

Derivatives in Review - July 2016

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

Orrick, Herrington & Sutcliffe LLP

CFTC Considers Blockchain Technology

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

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