On March 24, the Commodity Futures Trading Commission (CFTC) issued final interpretive guidance (the Guidance) regarding retail commodity transactions involving virtual currency. ...more
In recent years, the U.S. Commodity Futures Trading Commission (CFTC) has devoted significant resources to addressing how the requirements of the Commodity Exchange Act (CEA) and the regulations thereunder apply to...more
2/28/2019
/ Bitcoin ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Cryptocurrency ,
Derivatives ,
Distributed Ledger Technology (DLT) ,
Ether ,
Liability ,
Regulatory Oversight ,
Regulatory Standards ,
Smart Contracts ,
Virtual Currency
On July 12, ISDA initiated a market-wide consultation on technical issues related to new benchmark fallbacks for derivatives referencing certain interbank offered rates, or IBORs, in response to the expected discontinuance of...more
8/24/2018
/ Benchmarks ,
Bitcoin ,
CFTC ,
Cryptocurrency ,
Derivatives ,
Digital Currency ,
Dodd-Frank ,
FinTech ,
Foreign Currency ,
Hedging ,
ISDA ,
Proposed Regulation ,
Virtual Currency ,
White Papers
English Supreme Court Brings an End to Dexia - Prato Swap Dispute -
On January 18, the English Supreme Court refused to grant Comune di Prato, an Italian local authority with responsibility for the municipality of Prato in...more
An Overview of Proposed Regulation AT -
Orrick attorneys authored an overview of Regulation Automated Trading (known as "Regulation AT") proposed by the Commodity Futures Trading Commission ("CFTC") in the May/June 2016...more
8/2/2016
/ Bitcoin ,
Blockchain ,
CFTC ,
Derivatives ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Electronic Trading ,
Financial Institutions ,
Financial Markets ,
Innovative Technology ,
IRS ,
Regulation AT ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Security-Based Swaps ,
Swap Dealers ,
Swaps
The disruptive effects of blockchain technology on the financial system may take several years to materialize. Nevertheless, in preparation, regulators are increasingly focused on understanding potential uses of blockchain...more
8/1/2016
/ Bitcoin ,
Blockchain ,
CFTC ,
Derivatives ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Financial Institutions ,
Financial Markets ,
Innovative Technology ,
Popular ,
Securities ,
Transparency ,
Virtual Currency
Novo Banco and CDS – A Post-Mortem -
The 2014 ISDA Credit Derivatives Definitions updated the previous set of credit derivatives definitions to, among other things, include a credit event for “Governmental Intervention.”...more
4/22/2016
/ CFTC ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Dodd-Frank ,
Electricity ,
End-Users ,
Financial Markets ,
ISDA ,
Margin Requirements ,
Natural Gas ,
Recordkeeping Requirements ,
Reporting Requirements ,
Swap Dealers ,
Swaps ,
Trading Platforms
Prudential Regulators Approve Final Uncleared Margin Rules -
In October, the prudential regulators approved a final version of the September 2014 re-proposed rule generally imposing initial and variation margin...more
District Court Holds that Assignee is Not Entitled to Safe Harbor Protections -
On May 28, 2015, the United States District Court for the Central District of California affirmed a bankruptcy court order finding that a...more
NYDFS Finalizes BitLicense Regulations -
On June 3, 2015, the New York Department of Financial Services released its final BitLicense regulations, which it described as "the first comprehensive framework for regulating...more
6/16/2015
/ BitLicense ,
CFTC ,
Department of Financial Services ,
Derivatives ,
End-Users ,
IRS ,
Mandatory Clearing Requirements ,
Payment Schedules ,
Securities and Exchange Commission (SEC) ,
Securitization ,
Security-Based Swaps ,
SPVs ,
Trade Options
NYDFS Releases Revised BitLicense Proposal -
On February 4, 2015, the New York State Department of Financial Services ("NYDFS") released a revised version of its proposed virtual currency regulations (commonly referred...more
3/13/2015
/ American Bankruptcy Institute ,
Automatic Stay ,
Bankruptcy Code ,
BitLicense ,
CFTC ,
Chapter 11 ,
Department of Financial Services ,
Derivatives ,
Foreign Exchanges ,
Foreign Markets ,
Forward Contracts ,
Ipso Facto Clauses ,
ISDA ,
Liquidation ,
Margin Requirements ,
NDFs ,
Section 362 ,
Swaps
Prudential Regulators and CFTC Re-Propose Rules for Uncleared Swap Margin -
Both the Commodity Futures Trading Commission and the prudential regulators re-proposed their April 2011 proposed rules imposing initial and...more
10/30/2014
/ Banks ,
Basel Committee on Banking Supervision (BCBS) ,
CFTC ,
Cross-Border Transactions ,
Derivatives ,
Dodd-Frank ,
Extraterritoriality Rules ,
ISDA Master Agreement ,
Margin Requirements ,
Proposed Regulation ,
Prudential Regulation Authority (PRA) ,
Securities and Exchange Commission (SEC) ,
SIFMA ,
Swaps
Extension of Certain Dodd-Frank No-Action Relief -
The CFTC recently established a phased compliance timeline for the implementation of the execution requirement currently applicable to certain interest rate swaps and...more
7/3/2014
/ CFTC ,
Commodity Pool ,
Credit Default Swaps ,
Deadlines ,
Dodd-Frank ,
Interest Rates ,
ISDA ,
ISDA Master Agreement ,
No-Action Letters ,
No-Action Relief ,
Swaps
Publication of 2014 ISDA Credit Derivatives Definitions -
On February 21, the International Swaps and Derivatives Association, Inc. announced the publication of the 2014 ISDA Credit Derivatives Definitions, which...more
The Derivatives in Review highlights important legal, regulatory and other newsworthy developments in the area of derivatives....more
The enactment of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) and its implementation by the Commodity Futures Trading Commission (“CFTC”) has ushered in a new era of...more