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HTMLCFTC Intermediaries to Adopt and Implement Cybersecurity Programs by March 1, 2016
Brian Barrett, James M. Cain, Daniel E. Frank, Daphne G. Frydman, Catherine M. Krupka; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 2, 2016, previously published on February 29, 2016
Commencing March 1, 2016, all commodity pool operators, commodity trading advisors, futures commission merchants, retail foreign exchange dealers, investment brokers, major swap participants and swap dealers that are National Futures Association (NFA) member firms (together the Covered Parties)...

 

Adobe PDFCFTC and EU Regulators Agree on a Common Approach for the Regulation of CCPs
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 15, 2016, previously published on February 12, 2016
Earlier this week, the Commodity Futures Trading Commission (CFTC) and European regulators announced that they have reached agreement on a “common approach” regarding requirements for central counterparties (CCPs) (i.e., clearinghouses). Per their joint statement, the European...

 

HTMLCFTC Amends Regulation 1.35
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 4, 2016, previously published on February 3, 2016
U.S. Commodity Futures Trading Commission (CFTC) Regulation 1.35 requires futures commission merchants (FCMs), retail foreign exchange dealers (RFEDs), introducing brokers (IBs) and members of a swap execution facility (SEF) or designated contract market (DCM) (each a Covered Person and...

 

HTMLPreliminary Report on the Swap Dealer De Minimis Exception
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 11, 2015, previously published on December 10, 2015
On November 18, the staff of the Commodity Futures Trading Commission (CFTC) issued a much anticipated report on the de minimis exception from the “swap dealer” definition, the Swap Dealer De Minimis Exception Preliminary Report (the Preliminary Report). Unfortunately, and as further...

 

HTMLFERC Proposes Expansive "Connected Entity" Reporting Requirement
Paul F. Forshay, Daniel E. Frank, Meghan R. Gruebner, Catherine M. Krupka, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 16, 2015, previously published on October 16, 2015
The Federal Energy Regulatory Commission (FERC) has proposed requiring the operators of centralized wholesale power markets to collect and provide to FERC a broad range of market participant data, including (i) each market participant’s “Legal Entity Identifier” (LEI), which is a...

 

HTMLComing Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market Infrastructure Regulation (EMIR) (the EU IRS Clearing Rules). The EU IRS Clearing Rules are subject to approval by...

 

HTMLISDA Publishes EMIR Classification Letter
Brian Barrett, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 21, 2015, previously published on July 20, 2015
On July 13, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA EMIR Classification Letter (the Classification Letter), a form of letter that may be used by market participants managing their regulatory obligations under the European Market Infrastructure Regulation...

 

HTMLEuropean Regulators Publish Second Consultation Paper on Margin for OTC Derivatives
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 7, 2015, previously published on July 6, 2015
On June 10, the European Supervisory Authorities (ESA) published a second consultation paper on draft Regulatory Technical Standards (RTS) to implement the European Market Infrastructure Regulation (EMIR) requirement that persons classified under EMIR as “financial counterparties” (FCs)...

 

HTMLMaster Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income
Benjamin G. Clark, Catherine M. Krupka, David T. McIndoe, Daniel R. McKeithen, David A. Roby; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 25, 2015, previously published on June 24, 2015
The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the types of activities relating to minerals and natural resources that generate “qualifying...

 

HTMLFERC Issues Order No. 809 On Gas/Electric Coordination
Lillian A. Forero, Paul F. Forshay, Daniel E. Frank, Catherine M. Krupka, Michael A. Stosser; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 23, 2015, previously published on April 22, 2015
On April 16, 2015, FERC issued a Final Rule in Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, Order No. 809, Docket No. RM14-2-000, 151 FERC ¶ 61,049 (2015). Recent cold weather events, as well as associated gas supply difficulties and high...

 


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