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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...

 

HTMLISDA Section 2(a)(iii) Amendment Limits Prerogatives of Non-Defaulting Parties
James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
On June 19, the International Swaps and Derivatives Association (ISDA) published a long-awaited standard amendment to Section 2(a)(iii) of the ISDA Master Agreement (the Master Agreement). Section 2(a)(iii) of the Master Agreement (Section 2(a)(iii)) is a condition precedent that suspends a...

 

HTMLCFTC Division of Market Oversight Releases Questions for June 19 Roundtable on Position Limits
James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
The Commodity Futures Trading Commission (CFTC) will host a public roundtable on June 19, 2014, to discuss questions related to a proposed rulemaking to establish speculative position limits for 28 exempt and agricultural commodity futures and option contracts and their economically equivalent...

 

HTMLNFA Issues Revised Forms CPO-PQR and CTA-PR
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 17, 2014, previously published on June 9, 2014
On June 5, the National Futures Association (NFA) announced the issuance of revised Forms CPO-PQR and CTA-PR. The NFA is the self-regulatory organization to which the Commodity Futures Trading Commission (CFTC) has delegated the registration of, and certain oversight functions with respect to,...

 

HTMLStorm Clouds Continue to Gather Over Bankruptcy Code’s Safe Harbors
James M. Cain, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 6, 2014, previously published on May 29, 2014
As noted in a previous Sutherland Legal Alert, the American Bankruptcy Institute has formed a Commission to Study the Reform of Chapter 11 (the Commission). To further its goal of proposing changes to modernize the Bankruptcy Code, the Commission formed a number of advisory committees, including...

 

HTMLCFTC Adopts Streamlined Approach for Delegation of CPO Registration
James M. Cain, Warren N. Davis, Daphne G. Frydman, David T. McIndoe, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 27, 2014, previously published on May 19, 2014
On May 12, 2014, the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) issued a staff letter (the Staff Letter) that provides a streamlined approach for commodity pool operators (CPOs) to request no-action relief to delegate the CPO...

 

HTMLCFTC Affords Market Participants a “Second Bite” at the Swap Recordkeeping and Reporting Rules
James M. Cain, Meghan R. Gruebner, Alexander S. Holtan, Meltem F. Kodaman, Raymond A. Ramirez; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
April 4, 2014, previously published on April 2, 2014
Last month, the Commodity Futures Trading Commission (CFTC) issued a request for public comment on its swap data recordkeeping and reporting requirements under Part 45 of its regulations. The CFTC adopted Part 45 in 2012 pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act...

 

HTMLFederal Agencies Issue Final Volcker Rule
Eric A. Arnold, Brian Barrett, Frederick R. Bellamy, James M. Cain, Jacob Dweck; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 17, 2013, previously published on December 13, 2013
On December 10, 2013, five federal agencies, including the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Securities and Exchange Commission, and the Commodity Futures Trading Commission (CFTC) issued the final Volcker Rule (the...

 

Adobe PDFCFTC Issues No-Action Relief and Interpretive Guidance Related to SEFs
James M. Cain, Jacob Dweck, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 3, 2013, previously published on October 2, 2013
As the date for compliance with swap execution facility (SEF) registration requirements approached, the Commodity Futures Trading Commission (the CFTC or Commission) issued a number of no-action letters and interpretive guidance regarding the obligations of market participants, intermediaries,...

 

Adobe PDFRegulators Consider Whether Stable Value Contracts Should Be Subject to Regulation as Swaps under the Dodd-Frank Act and Solicit Public Comment
Frederick R. Bellamy, James M. Cain, Thomas A. Gick, Stephen E. Roth, Mark Smith; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 6, 2011, previously published on August 30, 2011
In addition to requiring the Commodity Futures Trading Commission (the CFTC) and the Securities and Exchange Commission (the SEC) to promulgate rules further defining the terms “swap” and “security-based swap” under the Dodd-Frank Wall Street Reform and Consumer Protection...

 


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