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HTMLISDA Publishes Variation Margin Protocol
Brian Barrett, James M. Cain, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 24, 2016, previously published on August 23, 2016
On August 16, 2016, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA 2016 Variation Margin Protocol (VM Protocol). The VM Protocol is intended as a tool to help market participants that will be subject to regulatory variation margin requirements,1 and their...

 

HTMLPressure Builds for EPA and CFTC to Investigate Manipulation in the RIN Markets
Catherine M. Krupka, Susan G. Lafferty, David M. McCullough, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 3, 2016, previously published on August 2, 2016
In what could foreshadow even further scrutiny of trading activities in the Renewable Identification Number (RIN) market, the Renewable Fuels Association (RFA) has asked the Environmental Protection Agency (EPA) and the Commodity Futures Trading Commission (CFTC) to investigate potential...

 

Adobe PDFCFTC Proposes to Expand Mandatory Clearing to Include Additional Classes of Interest Rate Swaps
James M. Cain, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 20, 2016, previously published on June 17, 2016
On June 9, the Commodity Futures Trading Commission (CFTC) released a notice of proposed rulemaking regarding an expansion of CFTC Regulation 50.4(a). If adopted, additional classes of interest rate swaps will become subject to mandatory clearing pursuant to the Dodd-Frank Act. The proposed...

 

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...

 


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