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CFTC announces final guidance regarding voluntary carbon credit derivative contracts

On September 20, 2024, the U.S. Commodity Futures Trading Commission (“CFTC”) announced that it had approved final guidance (the “Final Guidance”) for designated contract markets (“DCMs”) that list voluntary carbon credit...more

Legal hot takes – the ECB’s Digital Euro

The Digital Euro project is the European Central Bank’s (ECB) response to the changing landscape of consumer payments, driven by the rise of cryptocurrency, payment fintechs and electronic transactions. A Digital Euro would...more

Oh no, Where’s My Crypto? What Happens to Crypto Assets when a Custodian Fails

Recent turbulence in the crypto asset market and comments by certain regulators raise the critical question of what happens to crypto assets held by a crypto custodian if the custodian becomes insolvent. Custodians include...more

District Court Reaffirms Broad Reading of Bankruptcy Safe Harbors for Derivatives Transactions

In our prior bulletin, we discussed the July 6, 2016 decision of Judge Shelly Chapman of the United States Bankruptcy Court for the Southern District of New York in In re Lehman Brothers Holdings Inc., 553 B.R. 476 (Bankr....more

Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions

Section 546(e) of the Bankruptcy Code protects certain transfers from clawback under the avoidable transfer provisions of the Bankruptcy Code where, among other things, such transfers are made by, to, or for the benefit of...more

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