News & Analysis as of

Libor Market Participants

Dechert LLP

LIBOR and SOFR:  Welcome to a Two-Speed Market?

Dechert LLP on

The Great Index Reformation is coming.  (I note in passing that the last Reformation led to the 100 Years War…just saying.)  This is a massive change to our market that did not bubble up from the great unwashed on the...more

Kramer Levin Naftalis & Frankel LLP

Decoding Derivatives – Q2 2021

The credit derivatives determinations process has, for some time, been clouded in relative mystery. As credit default swap (CDS) strategies have grown more complex and gray-area issues have become more commonplace, advocacy...more

Jones Day

Litigation and Regulatory Considerations and Risks for Financial Market Participants in a Post-Pandemic Society

Jones Day on

More than a year ago the world fell victim to a global pandemic that would change life in ways that could never have been predicted. In the early stages of the pandemic, we published a White Paper directed at financial...more

Sullivan & Worcester

And Spring Heralds SONIA….and Alternative Rates

Sullivan & Worcester on

The end of March has welcomed Spring, and this year it marks a new era for the financial markets, particularly for loans and financial products which would usually use Sterling LIBOR as the benchmark for calculation of...more

White & Case LLP

Proposed NY Law Targets LIBOR Fallback Problems

White & Case LLP on

New legislation would ease benchmark transition for tough-to-amend contracts governed by NY law - New York State Senator Kevin Thomas has introduced a bill that would provide a legislative fix for contracts that lack...more

Holland & Knight LLP

A Closer Look at ISDA's New 2020 IBOR Fallbacks Protocol and Amendments to 2006 Definitions

Holland & Knight LLP on

The International Swaps and Derivatives Association Inc. (ISDA) has published its long-awaited 2020 IBOR Fallbacks Protocol (the Protocol) and related Amendments to the 2006 ISDA Definitions (the Amendments). These documents,...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Updates LIBOR Transition Relief

On August 31, 2020, the Commodity Futures Trading Commission (CFTC or Commission) announced relief for swap dealers (SD) and other market participants related to the industry-wide transition from swaps that reference the...more

Mayer Brown Free Writings + Perspectives

US ARRC Publishes Updated Best Practices Guidance, Provides Some Detail for Certain Milestones, But Retains YE 2021 Deadline

On May 27, 2020, the US Alternative Reference Rates Committee (ARRC) published updated best practices guidance, including a summary factsheet, complete best practices guidance and a graphical timeline. ...more

Cadwalader, Wickersham & Taft LLP

ARRC Releases Best Practices for Orderly LIBOR Transition

On May 27, 2020, the Alternative Reference Rates Committee (“ARRC”) published recommended best practices for preparing for the end of USD LIBOR (the “Best Practices”). The Best Practices aim to provide appropriate target...more

Seyfarth Shaw LLP

Undeterred by the COVID-19 Pandemic, ARRC Publishes on April 8, 2020 a Methodology for Addressing Differences between LIBOR and...

Seyfarth Shaw LLP on

On April 8, 2020, the Alternative Reference Rate Committee (“ARRC”) agreed to align itself with the International Swaps and Derivatives Association, Inc. (“ISDA”), in recommending to the market a “spread adjustment”...more

Womble Bond Dickinson

LIBOR to SOFR – Five Things Every Financial Services Provider Should Know

Womble Bond Dickinson on

1. What is LIBOR and why is it going away? The London Interbank Offered Rate, or “LIBOR,” is a reference rate commonly used in a broad range of financial contracts. In fact, it serves as a reference rate for tens of...more

A&O Shearman

EU Working Group on Risk-Free Rates Publishes Report on Liquidity in EONIA transition

A&O Shearman on

The EU Working Group on Risk-Free Rates has published a report setting out recommendations for the transition of financial products from EONIA to the Euro Short-Term Rate (€STR). The recommendations aim to ensure liquidity in...more

Morgan Lewis

LIBOR Transition Updates – More Certainty in Spread Adjustments Calculations?

Morgan Lewis on

Recent updates from the Bank of England, the New York Federal Reserve, and the International Swaps and Derivatives Association and Bloomberg in connection with publication of IBOR fallback rate adjustments should be welcomed...more

A&O Shearman

CFTC Staff Issues Three Letters Providing LIBOR Transition Relief to Market Participants

A&O Shearman on

The Commodity Futures Trading Commission (CFTC) has issued three no-action letters providing relief for swap transactions (and amendments to swap transactions) in connection with the expected market transition from using the...more

Dechert LLP

Quick Note: The ARRC Spread Adjustment Consultation

Dechert LLP on

The ARRC Consultation on Spread Adjustment Methodologies for Fallbacks in Cash Products Referencing USD LIBOR is finally here. How the spread adjustment from LIBOR to a SOFR index will be calculated is one of the more...more

Latham & Watkins LLP

CFTC Issues No-Action Relief for Derivatives Market IBOR Transition

Latham & Watkins LLP on

While not unlimited, the relief is welcome for counterparties seeking to transition to risk-free rates for legacy swaps. The US Commodity Futures Trading Commission (CFTC) has issued no-action relief to help market...more

Mayer Brown Free Writings + Perspectives

SEC Chair Comments on Investor Advisory Committee Priorities

Securities and Exchange Commission Chair Jay Clayton gave opening remarks in connection with the Investor Advisory Committee meeting. The Committee’s meeting agenda includes a discussion of whether and how investors use...more

Troutman Pepper

The End Of LIBOR: The Transition

Troutman Pepper on

The collective staffs of the Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets and the Office of the Chief Accountant issued a joint statement on the...more

Troutman Pepper

Tax Relief May Be Ahead for Market Participants Transitioning Away From LIBOR

Troutman Pepper on

Tax relief may be coming for issuers and holders of debt instruments and parties to derivatives and other financial contracts governed by LIBOR (the London Interbank Offered Rate). ...more

A&O Shearman

SOFR: LIBOR: P/TOMO and No QE

A&O Shearman on

Federal Reserve Chairman Jerome Powell gave a speech on Tuesday, October 8, that touched upon recent events in the repo market. We discuss below certain aspects of this speech in the context of the market discussion regarding...more

Dechert LLP

SEC Staff Issues Statement on LIBOR Transition; Practical Considerations for Investment Companies, Investment Advisers and Other...

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The staffs of the Securities and Exchange Commission’s Division of Corporation Finance, Division of Investment Management (IM Division), Division of Trading and Markets, and Office of Chief Accountant (collectively, Staff) on...more

Opportune LLP

LIBOR Phase-Out: Considerations for Oil & Gas Companies

Opportune LLP on

With over $370 trillion of global financial contracts referencing LIBOR (London Inter-bank Offered Rate), many oil and gas companies are curious about how the phase-out of LIBOR by 2021 could impact their organization. Many...more

Dorsey & Whitney LLP

SEC Staff Publishes Statement on Risks of Transition Away from LIBOR

Dorsey & Whitney LLP on

As a continuation of our previous update on the phase-out of the London Interbank Overnight Rate (“LIBOR”) (April 30, 2019: What the LIBOR Phase-out Means for Debt Capital Market Participants), the Securities and Exchange...more

Eversheds Sutherland (US) LLP

Regulatory guidance on the transition away from LIBOR

Earlier this month, staff of the Securities and Exchange Commission (SEC) published guidance that encourages market participants to move away from LIBOR (the Staff Statement). The interest benchmark rate is expected to...more

Moore & Van Allen PLLC

SEC Staff Issues Statement on Preparing for Impending LIBOR Transition

Moore & Van Allen PLLC on

On July 12, 2019, the U.S. Securities and Exchange Commission (SEC) joined the call to prepare for the transition away from LIBOR. The staff of several Divisions of the SEC (the Divisions of Corporation Finance (DCF),...more

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