News & Analysis as of

Environmental Social & Governance (ESG) Derivatives

WilmerHale

2024 CFTC Year in Review: An Overview of a Transitional Year

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Coming off a busy 2024, we expect that 2025 will be a landmark year for the Commodity Futures Trading Commission (CFTC or Commission). Rostin Behnam’s resignation as Chairman on January 20 marked the end of the Biden...more

A&O Shearman

UK Financial Markets Standards Board transparency draft statement of good practice on the governance of sustainability-linked...

A&O Shearman on

The Financial Markets Standards Board has published a consultation on its transparency draft of its statement of good practice on the governance of sustainability-linked products. SLPs are products whose financial and/or...more

Paul Hastings LLP

CFTC Faces Pressure on Voluntary Carbon Credit Derivative Contracts and Carbon Credit Trading

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On July 31, 2024, nine Democratic lawmakers from the House and Senate wrote a letter to the Commodity Futures Trading Commission’s (“CFTC”) Chairman in support of the proposed guidance regarding the listing of voluntary...more

K&L Gates LLP

Brussels Regulatory Brief: February 2024

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Antitrust and Competition - The European Commission Carried Out Unannounced Inspections in the Tires Sector - On 30 January 2024, the Commission conducted dawn raids at the premises of several companies active in the tires...more

Hogan Lovells

Take-off for sustainability-linked derivatives with the new ISDA SLD Clause Library?

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As the demand for derivatives linked to environmental, social and governance (ESG) goals increases, parties are looking to sustainability-linked derivatives (SLDs) to assist them in meeting their sustainability targets. The...more

Holland & Knight LLP

ISDA Publishes Standardized Clauses for Sustainability-Linked Derivatives

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The International Swaps and Derivatives Association (ISDA) has published a new ISDA SLD Clause Library (SLD Provisions) containing standardized clauses and definitions for use in sustainability-linked derivatives (SLDs). The...more

Proskauer Rose LLP

Regulation Round Up - December 2023

Proskauer Rose LLP on

Welcome to the Regulation Round Up, a regular bulletin highlighting the latest developments in UK and EU financial services regulation. Key developments in December 2023: 21 December - UK / Swiss Regulatory...more

Seward & Kissel LLP

SEC Adopts Amendments to the Fund “Names Rule” - November 2023

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The Securities and Exchange Commission (the “SEC”) recently adopted amendments1 to Rule 35d-1 under the Investment Company Act of 1940, the fund “Names Rule” (“Amendments”). In the Release, the SEC noted that the Amendments...more

Goodwin

SEC Adopts Rule Enhancements to Prevent Misleading or Deceptive Investment Fund Names

Goodwin on

On September 20, 2023, the US Securities and Exchange Commission (the “SEC”) voted, by a 4-1 vote, to adopt certain amendments (the “final rule” or the “amendments”) to Rule 35d-1 (the “Names Rule”) under the Investment...more

J.S. Held

Will Derivative Shareholder Litigation Be the New Firing Line for Ensuring Achievement of Corporate Sustainability Goals?

J.S. Held on

Mitigating climate change impacts is becoming a critical business priority, and the pressure to achieve corporate sustainability objectives is mounting as investment-focused regulations continue to drive companies toward...more

Morgan Lewis - Power & Pipes

CFTC Commissioner Proposes Framework for Environmental/Climate-Related Product Oversight

In recent remarks, Commodity Futures Trading Commission (CFTC) Commissioner Christy Goldsmith Romero proposed that the CFTC promote market resilience to climate-related risk by adopting an approach for...more

Cadwalader, Wickersham & Taft LLP

CFTC Considers Greater Regulation of Carbon Offset Markets

On June 2, 2022, the Commodity Futures Trading Commission (“CFTC”) convened for the first time market participants to discuss the state and the challenges of the U.S. voluntary carbon credit (“VCC”) markets and, at the end of...more

Cadwalader, Wickersham & Taft LLP

Priorities for Derivatives Markets from ISDA's Annual General Meeting

The first in-person ISDA annual general meeting (“AGM”) after the COVID-19 pandemic is wrapping up today in Madrid, Spain. This conference follows the Futures Industry Association Law and Compliance (“FIA L&C”) annual...more

Morgan Lewis

1940 Act Regulatory Checklists

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Rule 12d1-4 under the Investment Company Act of 1940 permits funds to enter into “funds of funds” arrangements notwithstanding the prohibitions of Section 12(d)(1) of the Act of 1940, provided that certain conditions are met....more

Akin Gump Strauss Hauer & Feld LLP

CFTC Announces Formation of the Climate Risk Unit

On March 17, Commodity Futures Trading Commission (CFTC) Acting Chairman, Rostin Behnam, announced the establishment of the Climate Risk Unit (CRU), an interdivisional group focused on derivatives markets’ role in addressing...more

Goodwin

CFTC Announces New Climate Risk Unit—the “CRU”

Goodwin on

On March 17, 2021, Acting CFTC Chairman Rostin Behnam announced that the derivatives regulator had established a new interdivisional group called the Climate Risk Unit or the “CRU” to focus on the derivatives markets’ role in...more

Katten Muchin Rosenman LLP

Corporate & Financial Weekly Digest, Featuring Articles on the SEC's new Climate and ESG Task Force, the SEC's Examination...

BROKER-DEALER - SEC Announces 2021 Examination Priorities - On March 3, the Securities and Exchange Commission’s Division of Examinations announced its examination priorities for 2021. These priorities include a greater...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

Goodwin on

In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

Herbert Smith Freehills Kramer

Decoding Derivatives – Q3 2020

DC Avoids Getting Its Wires Crossed With Wirecard - Following its application to the Munich District Court to open preliminary insolvency proceedings, Wirecard was alleged to have been subject to a bankruptcy credit event....more

Latham & Watkins LLP

CFTC Report: Climate Change Threatens Stability of US Financial System

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A watershed CFTC report highlights the dangers of climate change to the US economy, and provides a broad risk-mitigation roadmap. On September 9, 2020, the US Commodity Futures Trading Commission’s (CFTC’s) Climate-Related...more

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