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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...

 

HTMLSEC’s Proposed SBS Rules on Cross-Border Security-Based Swap Activities
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 25, 2015, previously published on May 22, 2015
When the Securities and Exchange Commission (SEC) adopted final rules in June 2014 on the cross-border activities of security-based swap (SBS) dealers and major SBS participants, the SEC indicated that it would reserve the definition of the phrase “transaction conducted within the United...

 

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...

 

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...

 

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...

 

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”...

 


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