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HTMLThe SEC Releases Regulations on Reporting and Dissemination of Security-Based Swaps Data
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 10, 2015, previously published on April 9, 2015
On February 11, 2015, the Securities and Exchange Commission (SEC) published final regulations that will require Swap Data Repositories (SDRs) to register with the SEC (Regulation SDR) and prescribe reporting and public dissemination requirements for security-based swaps (SBS) transaction data...

 

HTMLMandatory Clearing in Europe May Still Be “A Ways Off”: ESMA Responds to Proposed Amendments on Interest Rate Swaps Clearing RTS and Postpones Consideration of FX NDF Clearing
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 24, 2015, previously published on February 19, 2015
The Dodd-Frank Wall Street Reform and Consumer Protection Act’s mandatory clearing requirement for interest rate swaps and certain credit default swaps has been in place for quite some time. However, the clearing requirement for these and other types of swap transactions under the European...

 

Adobe PDFCFTC Grants No-Action Relief to Commodity Pool Operators with Respect to Certain Insurance-Linked Securitization Vehicles
Brian Barrett, James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 16, 2015
Toward the end of 2014, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued two letters affecting insurance-linked securitization vehicles: CFTC Letter No. 14-145 and CFTC Letter No. 14-152.

 

HTMLCounterparty Rights in Energy Bankruptcies
James M. Cain, Eric R. Fenichel, Catherine M. Krupka, David T. McIndoe, Richard G. Murphy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 29, 2015
For the past several years, low interest rates and higher commodity prices have resulted in generally favorable financial conditions in the energy sector, keeping energy bankruptcy activity to a minimum. With the recent sharp decline of prices in numerous commodities and forecasts of higher...

 

HTMLCongress Exempts Non-Financial End-Users, Their Agents and Certain Cooperatives From Non-Cleared Swap Margin Requirements in Reauthorization of Terrorism Insurance Bill
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 9, 2015
On January 8, 2015, the U.S. Senate approved legislation, by a 93-4 vote, to reauthorize the Terrorism Risk Insurance Act (“TRIA”). The legislation, dubbed the Terrorism Risk Insurance Program Reauthorization Act of 2015 (the “TRIA Reauthorization Act”), was passed by the...

 

HTMLCFTC Expands Existing Clearing Relief for Treasury Affiliates
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 6, 2015, previously published on December 23, 2014
On November 24, the Commodity Futures Trading Commission’s (CFTC) Division of Clearing and Risk (DCR) issued a no-action letter to expand previously issued relief, that is available to “treasury affiliates,” from the mandatory clearing requirement. “Treasury affiliate”...

 

HTMLCFTC Clarifies Dealer Requirement to Notify Customers of Right to Segregation of Initial Margin for Uncleared Swaps
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 4, 2014
On October 31, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued a staff interpretation regarding the notification of the right to segregation of initial margin in uncleared swap transactions.1 The interpretation also...

 

HTMLESMA Issues Revision of the Technical Standards on Reporting under Article 9 of EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 24, 2014
On November 10, the European Securities and Markets Authority (ESMA) published a consultation paper relating to the Regulatory Technical Standards and Implementing Technical Standards (collectively, the Technical Standards), which address the reporting obligations under the European Market...

 

Adobe PDFESMA Issues Final Draft Standards for the Central Clearing of Certain Interest Rate Swaps under EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Paul Sinnott; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
November 4, 2014, previously published on October 14, 2014
On October 1, the European Securities and Markets Authority (ESMA) issued final draft regulatory technical standards (RTS) with respect to the central clearing of four classes of interest rate swaps (IRS). The RTS follows ESMA’s publication on July 11, 2014 of a consultation paper on the IRS...

 

HTMLRegulators Publish Re-proposed Margin Requirements for Uncleared Swaps
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
On September 3, 2014, the Board of Governors of the Federal Reserve System (the Board) jointly adopted, with certain federal banking regulators, re-proposed rules that will require registered swap dealers, security-based swap dealers, major swap participants and major security-based swap...

 


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