News & Analysis as of

International Swaps and Derivatives Association

Financial Services Quarterly Report - First Quarter 2018: LIBOR – Where Are We Now?

by Dechert LLP on

Discussion of LIBOR was catapulted back into the spotlight last summer when Andrew Bailey, Chief Executive of the UK’s Financial Conduct Authority (FCA), gave a speech1 on the reference rate’s future. The key take-away was...more

Regulation Round Up - March 2018

by Proskauer Rose LLP on

1 March - The Financial Conduct Authority ("FCA") published general insurance value measures data in relation to 36 insurers (including both UK and EEA firms) for the year ending 31 August 2017. The data is aimed at...more

Orrick's Financial Industry Week In Review

SEC Statement on Potentially Unlawful Online Platforms for Trading Digital Assets - On March 7, 2018, the Divisions of Enforcement and Trading and Markets of the Securities and Exchange Commission released a "Statement on...more

Non-reliance/advisory clause protects bank in swap misselling claim

by Allen & Overy LLP on

The terms of an ISDA agreement in which the parties represented that they had relied on their own independent decisions to enter the transaction trumped provisions in an earlier set of terms of business which referred to the...more

Recent Antitrust Settlements Are Providing New Recovery Opportunities, But Filing Claims Is Proving To Be Complicated

First there was Libor. Next came credit default swaps and foreign exchange. Now, highlighted by the over $2 billion settlement reached in the Foreign Exchange Antitrust Litigation, plaintiffs are pursuing a number of...more

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Financial Markets Disputes and Regulatory Update - January 2018 - What can we learn from the second half of 2017

by Dentons on

Court decisions/impacts - Cases which consider the construction and use of standard form financial agreements almost always deserve reading. Most notable in this category is the judgment of the Court of Appeal in Dexia v....more

Financial Markets Disputes and Regulatory Update - January 2018 - Judgments

by Dentons on

Court of Appeal upholds consistent interpretation of ISDA Master Agreement - Dexia Crediop S.P.A. v. Comune di Prato [2017] EWCA Civ 428 - Dexia was appointed as Prato's adviser in relation to debt restructuring and...more

Corporate and Financial Weekly Digest, Featuring Topics on Broker-Dealer, Derivatives, CFTC and UK/Brexit/EU DevelopmentsCorporate...

BROKER-DEALER - FINRA Releases 2018 Regulatory and Examination Priority Letter - On January 8, the Financial Industry Regulatory Authority (FINRA) released its annual Regulatory and Examination Priority Letter detailing...more

Replacing LIBOR in Derivatives Agreements

In July 2017, the CEO of the U.K. Financial Conduct Authority (FCA), Andrew Bailey, announced that the FCA will discontinue the London interbank offered rate (LIBOR) at the end of 2021. LIBOR is an interest rate index that is...more

Operating Lessor Financings - A Structural Overview

by Vedder Price on

With competition among aircraft lessors remaining fierce, airlines continue to take an increasing proportion of aircraft on operating lease. An important recent trend in the aircraft financing market, the “wholesaling” of...more

The Financial Report, Vol. 6, No. 22

by DLA Piper on

Discussion and Analysis - As we draw toward the close of another year, we always like to take a moment to reflect. This is our last issue of 2017, our sixth year of publication. It hardly seems possible it has been that...more

What now for LIBOR in finance documents?

by Dentons on

Andrew Bailey, chief executive of the FCA, announced on 27 July 2017 that the FCA would no longer use its influence or legal powers to persuade or compel LIBOR panel banks to continue making LIBOR submissions after 2021. This...more

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

The Phasing Out of LIBOR: Initial Reaction and Preparation

by Foley & Lardner LLP on

1. Background: Elimination of LIBOR by 2021 - As has been widely publicized, on July 27, 2017, the U.K. Financial Conduct Authority announced that LIBOR (London Interbank Offered Rate) the longtime global interest rate...more

International Swaps and Derivatives Association Publishes Recommendations for a CCP Recovery and Resolution Framework

by Shearman & Sterling LLP on

The ISDA's paper focuses on CCPs that clear derivatives, although many of its recommendations will be relevant to clearing houses that clear other instruments. It is intended to build on the guidance from CPMI-IOSCO and the...more

FCA Announces Discontinuation of LIBOR

by Hogan Lovells on

As you may know, on July 27, 2017 the UK's Financial Conduct Authority (FCA) chief executive Andrew Bailey announced that market participants should not rely on the London Interbank Offered Rate (LIBOR) being available after...more

The Financial Report, Vol. 6, No. 18

by DLA Piper on

Discussion and Analysis - The SEC’s recent disclosure that its Electronic Data Gathering, Analysis and Retrieval (EDGAR) system was hacked in 2016 has been receiving a lot of attention in the press. After several years of...more

Orrick's Financial Industry Week In Review

Texas District Court Rules on Damages Calculations in FDIC’s RMBS Suit Against Goldman Sachs and Deutsche Bank - On September 14, 2017, Judge Sam Sparks of the U.S. District Court for the Western District of Texas granted...more

ISDA Launches SIMM 2.0 for Calculating Uncleared Swaps Initial Margin

On September 7, 2017, ISDA launched a new version of its standard initial margin model (SIMM), ISDA SIMM Version 2.0, which includes a full recalibration of risk factors as well as: New risk factors for three product...more

Newly Adopted Fed Rules Will Limit Buy-Side Remedies in a Financial Institution Failure

by Ropes & Gray LLP on

The Board of Governors of the Federal Reserve System (the “Board”) has adopted final rules1 that represent a significant shift in the terms of over-the-counter derivatives, repurchase and reverse repurchase transactions and...more

Key Regulatory Topics: Weekly Update - 25 August 2017 - 31 August 2017

by Allen & Overy LLP on

FMLC publishes letter sent to the MoJ on the EU (Withdrawal) Bill 2017 - On 31 August, the FMLC published a letter to the MoJ following their email (dated 14 July) seeking comments on the EU (Withdrawal) Bill 2017. The...more

Key Regulatory Topics: Weekly Update - 18 August 2017 - 24 August 2017

by Allen & Overy LLP on

Brexit - Brexit – ISDA position paper on, CCP location and legal uncertainty - On 21 August, ISDA published a position paper on Brexit, CCP location and legal uncertainty. The paper focuses on a possible location...more

LIBOR Replacement Plans Bring Regulatory Considerations for Derivatives

Plans to end the long reign of the London Interbank Offered Rate (LIBOR) as one of the world's most often-used interest rate benchmarks have recently been confirmed by several top financial regulators. On July 27, 2017,...more

ISDA Considers the Suitability of Swaps Documentation to the Blockchain

by Reed Smith on

On August 3, 2017, the International Swaps and Derivatives Association (“ISDA”) released a whitepaper that considers whether derivative contracts could operate on a blockchain (the “Whitepaper”). The Whitepaper, titled “Smart...more

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