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Documents on Securities, Banking & Financial Services
 

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HTMLCFTC Adopts Final Rules for Trading Swaps on Organized Facilities
Akshay N. Belani, Alicia Gayle, William R.B. Springer, Joshua B. Sterling; Bingham McCutchen LLP;
Legal Alert/Article
May 20, 2013, previously published on May 17, 2013
On May 16, 2013, the Commodity Futures Trading Commission (the “CFTC”) held a public meeting to consider three final rulemakings under the Dodd-Frank Act. The following rules were approved at the meeting and are expected to be published in the Federal Register in the coming weeks:

 

HTMLCFPB Issues Report Regarding the Use of “Senior Specialist” Designations by Financial Advisers; Recommends Increased Supervision and Enforcement “Across Industries”
Matthew C. Applebaum, Scott C. Kleekamp; Bingham McCutchen LLP;
Legal Alert/Article
May 20, 2013, previously published on May 16, 2013
In a recent report, the Consumer Financial Protection Bureau (CFPB) highlights ongoing concerns with the use of senior designations by financial advisers, particularly the risk that senior designations may be confusing to customers and facilitate improper sales practices directed toward seniors....

 

HTMLCFPB Makes First Preemption Determinations on State Unclaimed Property Laws Relating to Gift Cards
Jonathan I. Lessner, Marc J. Musyl, Gil Rudolph, Sarah Niemiec Seedig; Greenberg Traurig, LLP;
Legal Alert/Article
May 20, 2013, previously published on May 17, 2013
Recently, the Consumer Financial Protection Bureau (CFPB) published a final determination as to whether the unclaimed property laws of Maine and Tennessee were inconsistent with, and therefore preempted by, the Electronic Fund Transfers Act, 15 U.S.C. §§ 1693 et seq.(EFTA), as implemented...

 

HTMLThe ISDA March 2013 Dodd-Frank Protocol (the “DF Protocol 2.0”) is Open for Adherence
Joshua Cohn, Pamela J. Sackmann; Mayer Brown LLP;
Legal Alert/Article
May 20, 2013, previously published on May 17, 2013
On March 22, 2013, ISDA opened the DF Protocol 2.0 for adherence to market participants. The DF Protocol 2.0 is part of ISDA’s documentation initiative aimed at assisting the derivatives industry in implementing and complying with the regulatory requirements imposed under Title VII of the...

 

Adobe PDFSEC Proposes Rules for Cross-Border Security-Based Swap Transactions
William J. Breslin, Gregory P. Gnall, Robert M. McLaughlin, David S. Mitchell; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
On May 1, 2013, the Securities and Exchange Commission (“SEC”) unanimously voted to propose rules and interpretive guidance to persons engaging in cross-border security-based swap transactions. The rules and guidance are intended to apply to transactions that occur partially within the...

 

HTMLDodd-Frank Update: CFTC Inter-Affiliate Swap Clearing Exemption
Irina Marinescu, Jeffrey J. Nichols, Brian Sung; Haynes and Boone, LLP;
Legal Alert/Article
May 16, 2013, previously published on May 10, 2013
On April 1, 2013, the U.S. Commodity Futures Trading Commission (“CFTC”) issued a final rule exempting swaps between certain affiliated entities from the clearing requirement under section 2(h)(1)(A) of the Commodity Exchange Act (“CEA”) and CFTC regulations (“Final...

 

HTMLUnprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets?
Duane Morris LLP;
Legal Alert/Article
May 16, 2013, previously published on May 14, 2013
On May 7, 2013, the U.S. Attorney's Office for the Southern District of New York (SDNY) unsealed extraordinary criminal charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official for engaging in a "Massive International Bribery...

 

HTMLThe New York State Department of Financial Services at the One-Year Mark: A New Aggressive Regulator Worth Following
Robert W. Gaffey, Harold K. Gordon, Henry Klehm, Howard F. Sidman, Jayant W. Tambe; Jones Day;
Legal Alert/Article
May 15, 2013, previously published on May 2013
Since the New York State Department of Financial Services ("DFS") began operations in late 2011, the agency appears to have lived up to its billing as an activist regulator of insurers and financial institutions. DFS has taken on several novel issues and will likely continue to do so....

 

HTMLNinth Circuit Holds That SEC Rules and Related FINRA Rules Trump State Law
Meg Bailey, Michael R. Weissmann; Bingham McCutchen LLP;
Legal Alert/Article
May 9, 2013, previously published on May 8, 2013
On April 9, 2013, in McDaniel v. Wells Fargo Investments, LLC, --- F.3d ---, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the Ninth Circuit Court of Appeals affirmed the dismissal of four class actions brought against broker-dealers by their former employees, holding that federal securities law and...

 

HTMLSEC Issues Proposed Rules on Cross-Border Security-Based Swap Activities
Margaret R. Blake, Amy Natterson Kroll, Elizabeth A. Marino, Erald Sakiqi; Bingham McCutchen LLP;
Legal Alert/Article
May 8, 2013, previously published on May 6, 2013
On May 1, 2013, the U.S. Securities and Exchange Commission (“SEC” or “Commission”) unanimously voted to propose for comment rules and interpretive guidance for cross-border security-based swap activities (“Proposed Rules”). In addition, the Commission approved...

 


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