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Investment management industry challenges CPO registration requirement
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- May 4 2012
On February 9th, the CFTC issued a final rule modifying its Rule 4.5 to require the advisers of an investment company registered under the Investment Company Act of 1940, such as a mutual fund or exchange-traded fund, to register as commodity pool operators if, generally, the fund invests a material amount of its assets in speculative commodity futures, options and swaps
Dodd-Frank Act implementation update
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- May 4 2012
Title VII of the Dodd-Frank Act, titled the “Wall Street Transparency and Accountability Act of 2010” (“Title VII”), was enacted on July 21, 2010
Standardization of muni CDS
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- May 4 2012
On March 5th, ISDA published the 2012 ISDA U.S. Municipal Reference Entity Supplement to the 2003 ISDA Credit Derivatives Definitions (the “March 2012 Supplement”), which is intended to standardize credit default swaps referencing U.S. municipal issuers or obligations as the reference entity or reference obligation (“muni CDS”) with credit default swaps referencing corporate and sovereign CDS
Financial transaction tax
- Orrick Herrington & Sutcliffe LLP
- -
- European Union, USA
- -
- February 15 2012
The application of a financial transaction tax on bond, equity and derivatives transactions in Europe continues to be intensely debated
CFTC issues final rule on CPOCTA registration and compliance regulations
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 15 2012
On February 9th, the CFTC approved certain rule changes intended to increase transparency to the CFTC of commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) active in the futures and swaps markets
Dodd-Frank Act implementation update
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- February 15 2012
Title VII of the Dodd-Frank financial reform, titled the “Wall Street Transparency and Accountability Act of 2010” (“Title VII”), was enacted on July 21, 2010
Appellate court decides CSX total return swap case
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- August 9 2011
On July 18th, the U.S. Court of Appeals for the Second Circuit (the “Second Circuit”) issued its long-awaited opinion in CSX Corporation v. The Children’s Investment Fund Management (UK) LLP, et. al
Dodd-Frank Act implementation update
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- August 9 2011
Title VII of the Dodd-Frank financial reform, titled the “Wall Street Transparency and Accountability Act of 2010” (the “Dodd-Frank Act”), was enacted on July 21, 2010
UK Supreme Court upholds “flip” clauses
- Orrick Herrington & Sutcliffe LLP
- -
- United Kingdom, USA
- -
- August 9 2011
Structured finance transaction documents have typically included subordination provisions in their post-default waterfalls, effectively changing a swap counterparty’s right to get paid from above that of the noteholders to below that of the noteholders
IRS issues temporary regulations on transfers of derivative contracts
- Orrick Herrington & Sutcliffe LLP
- -
- USA
- -
- August 9 2011
On July 15th, the Department of the Treasury, Internal Revenue Service (“IRS”), issued temporary and proposed regulations (the “Temporary Regulations”) addressing when a transfer of certain derivative contracts does not result in an “exchange” to the remaining party for purposes of Section 1.1001-1(a) of the Income Tax Regulations (the “Tax Regulations”) of the Internal Revenue Code (the “Code”
