CFTC Staff Clarifies Scope of Swap Definition: CFTC’s Office of General Counsel Responds to Questions Regarding Certain Physical Commercial Agreements
David J. Gilberg,Kenneth M. Raisler, November 16, 2012
On November 14, 2012, the Officer of the General Counsel (the “OGC”) of the Commodity Futures Trading Commission (the “CFTC”) issued a response to frequently asked questions (the “FAQ”) in which it clarified the scope of the definition of the term...

Clearing Exemption for Inter-Affiliate Swaps: CFTC Proposes Rule to Exempt Swaps between Certain Affiliated Entities from the Clearing Requirement under Dodd-Frank
David J. Gilberg,Kenneth M. Raisler, September 5, 2012
On August 16, 2012, the CFTC issued a proposed rule to exempt swaps between certain affiliated entities within a corporate group from the clearing requirement imposed by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). Dodd-Frank amended the Commodity Exchange Act (CEA)...

CFTC Guidance on Extraterritoriality: CFTC Releases Proposed Guidance on and Exemptive Relief from Cross-Border Application of Certain Swaps Provisions of the Commodity Exchange Act
David J. Gilberg,Eric J. Kadel,Kenneth M. Raisler,Dennis C. Sullivan,Andrea R. Tokheim, July 14, 2012
On June 29, 2012, the Commodity Futures Trading Commission (“CFTC”) issued proposed guidance (“Proposed Guidance”) on the cross-border application of certain swaps provisions under the Commodity Exchange Act (“CEA”) and a proposed exemptive order (“Proposed...