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Brian C. Harms Document Search Results (8) Sort by:  | Final Rules Define Key Terms and Clarify the Treatment of Commodity Options
Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article April 26, 2012, previously published on April 26, 2012 In a joint rulemaking effort between the SEC and the CFTC, and in consultation with the Federal Reserve Board, the CFTC voted and approved two final rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), including the highly anticipated...
| | FERC Reviews REC Jurisdiction and Standardized REC Agreement
Brian C. Harms, Craig M. Kline; Troutman Sanders LLP;
Legal Alert/Article March 5, 2012, previously published on March 2, 2012 On February 22, 2012, WSPP, formerly Western Systems Power Pool, a non-profit entity with interests in the wholesale electric power industry, submitted a letter to the Federal Energy Regulatory Commission (FERC) requesting confirmation that FERC lacks jurisdiction over the unbundled trading of...
| | CFTC Finalizes Rules for Reporting Regimes and Recordkeeping
Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article January 3, 2012, previously published on December 29, 2011 The U.S. Commodity Futures Trading Commission (CFTC) recently voted, unanimously, to adopt final rules creating two new reporting regimes for the swap transactions and recordkeeping obligations of swap market participants. These final rules are applicable to all entities in the swaps market,...
| | Court Rejects Swap’s Triangular Setoff Right in Bankruptcy
Hollace Topol Cohen, Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article October 18, 2011, previously published on October 17, 2011 In a recent decision by Judge James Peck, the presiding bankruptcy judge in the Lehman Brothers Inc., SIPA proceeding (Case No. 08-01420), he held that a cross-affiliate netting provision in a swap agreement was unenforceable under the Bankruptcy Code. This advisory explains that ruling and the...
| | CFTC Proposed Implementation Timeline and Compliance Schedules
Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article October 5, 2011, previously published on October 3, 2011 The CFTC recently announced a tentative implementation timeline for certain final rules under Title VII of the Dodd-Frank Act, and issued proposed rules setting forth phased-in compliance schedules for Clearing and Trade Execution Requirements and Trading Documentation and Margining Requirements....
| | Proposed Legislation Codifies the End-User Exemption from Margin Requirements
Brian C. Harms; Troutman Sanders LLP;
Legal Alert/Article September 5, 2011, previously published on August 24, 2011 Recently introduced bipartisan House legislation proposes to codify an end-user exemption from the Dodd-Frank Act’s margin requirements. If enacted, the Business Risk Mitigation and Price Stabilization Act of 2011 (H.R. 2682) would clarify that non-cleared over-the-counter (OTC) end-user swap...
| | CFTC to Provide Guidance on Large Trader Reporting of Physical Commodities
Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article September 5, 2011, previously published on August 29, 2011 As part of the CFTC’s implementation of the swaps reporting rules, the CFTC is developing guidance for large trader reporting for physical commodities. The guidance will set forth detailed descriptions of not only the reporting requirements, but the reporting format, file layout and delivery...
| | Temporary Relief for Swaps From Some Dodd-Frank Provisions
Brian C. Harms, John J. Leonti; Troutman Sanders LLP;
Legal Alert/Article August 18, 2011, previously published on August 9, 2011 The Commodity Futures Trading Commission recently issued a final order clarifying which OTC derivatives rules under Dodd-Frank will take effect on their scheduled implementation date of July 16, 2011. The CFTC’s order also proposed temporary exemptions from many Dodd-Frank swaps requirements...
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