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CFTC Provides Derivatives Prime Brokerage Limited No-action Relief from External Business Conduct Rules
Joshua Cohn,Curtis A. Doty, May 2, 2013
Today, compliance is required for the first time with previously deferred provisions of the swap dealer external business conduct rules of the Commodity Futures Trading Commission (the “Commission”). In response to market concerns regarding the potentially disruptive impact of the...

Managing the Risks & Costs of the Production of Private or Confidential Information: Redaction & Production Strategies
Therese Craparo,Anthony J. Diana, May 1, 2013
A financial services organization is a party to a litigation in which plaintiffs are seeking information concerning business practices that impacts a number of the organization’s customers. The organization does not want to provide private and confidential information about the...

Bank Examination Privilege Set Aside by Southern District of New York
Mark G. Hanchet,Christopher J. Houpt, April 26, 2013
A recent decision in the Southern District of New York casts doubt on the protections afforded by the bank examination privilege in civil litigation. That privilege is intended to promote the forthright exchange of information between regulators and institutions under their supervision, and it...

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