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CFTC comparability determinations and no-action relief for certain foreign swap dealers and major swap participants
The CFTC has approved a series of broad comparability determinations permitting substituted compliance for non-US swap dealers and major swap participants.
Welcome to the fourth edition of Debevoise & Plimpton’s Arbitration Quarterly, a collection of interesting and significant current developments in international arbitration.
Foreign entities seeking recognition under Chapter 15 of the Bankruptcy Code must have a residence, domicile, place of business or assets in the US.
Debevoise & Plimpton has published its FCPA Update for December 2013. The lead article is ‘Weatherford International enters the FCPA top 10 list with $152.5m in fines and penalties’.
Federal banking agencies, the Securities and Exchange Commission and the Commodity Futures Trading Commission have adopted final regulations to implement section 13 of the ‘Volcker Rule’.
Next year, market participants may be required to execute certain interest rate swaps and credit default swaps on a DCM or SEF, rather than entering into such swaps over the counter.
The Dodd-Frank Act amended section 4a of the CEA to require the Commodity Futures Trading Commission (CFTC) to establish position limits on an aggregate basis.
On 15 November 2013, the US Supreme Court agreed to consider two questions that have the potential to transform the landscape of private securities litigation.
Judge Martin Glenn has held that original issue discount (OID) created in a prepetition ‘fair market value’ debt exchange is not disallowable in bankruptcy.
New York insurers’ investments in firms engaged in Iranian energy sector activities treated as ‘nonadmitted’
New York has enacted Chapter 481 of the Laws of 2013, which adds a new section 1415 to the New York Insurance Law effective 11 February 2014.
The SEC has voted unanimously to propose Regulation Crowdfunding, the rules related to the offer and sale of securities through crowd-funded private offerings.
This ANPR signals an effort on the part of the CFPB to expand dramatically the category of debt collectors subject to such federal regulation.
The Financial Conduct Authority (FCA) has published a further consultation paper containing updated proposals on changes to the UK Listing Rules.
The European Commission is considering amending the EU Merger Regulation (EUMR) to allow it also to review certain acquisitions of non-controlling minority shareholdings.
Final CFTC rules on protection of collateral for uncleared swaps and treatment of portfolio margining account in bankruptcy
The CFTC has adopted the final rules on protection of collateral for uncleared swaps and treatment of portfolio margining account in bankruptcy.
The FTC has announced revisions that clarify the types of patent licenses in the pharmaceutical industry for which a filing must be made before such licenses may become effective.
Financial regulators issue proposed standards for assessing diversity policies and practices of regulated entities
Last week, pursuant to a statutory mandate included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘Dodd-Frank’), six federal financial regulatory agencies issued proposed standards for assessing the diversity policies and practices of regulated entities.
Changes to legislation aimed at providing incentives for hydrocarbon production at offshore deposits
On 30 September 2013, Russia’s President signed into law Law No. 268-FZ, which amends the Tax Code, the Customs Duties Law and the Continental Shelf Law, with the aim of providing incentives for hydrocarbon production at subsoil sites.
On 24 October 2013, the Federal Reserve released a proposed rule that would apply a Liquidity Coverage Ratio to certain US banking organisations.
On 21 October, the Southern District of New York weighed in on the scope and applicability of the anti-retaliation provision of the whistleblower protections of the Dodd-Frank Act.