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Parties to swaps and FX transactions must obtain legal entity identifiers by April 10, 2013

Alston & Bird LLP
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USA
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April 8 2013

The Commodity Futures Trading Commission (CFTC) requires that all parties to swaps and certain foreign exchange transactions, including foreign

U.S. district court upholds amendments to CFTC Regulations 4.5 and 4.27 affecting registered investment companies

Alston & Bird LLP
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USA
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December 13 2012

On December 12, 2012, the U.S. District Court for the District of Columbia rejected a challenge by the Investment Company Institute (ICI) and the U.S. Chamber of Commerce (“Chamber of Commerce,” and together with ICI, the “plaintiffs”) to the U.S. Commodity Futures Trading Commission’s (CFTC) amendments to CFTC Regulations 4.5 and 4.27

CFTC extends compliance date for amended rules 4.5 and 4.13(a)(4) regarding CPOCTA registration

Alston & Bird LLP
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USA
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July 25 2012

On July 13, 2012, the Commodity Futures Trading Commission Division of Swap Dealer and Intermediary Oversight issued a letter to the Managed Funds Association, the Investment Company Institute, and other industry associations that extends relief from compliance with the changes to Regulations 4.13(a)(4) and 4.5 until the end of the year for commodity pool operators and commodity trading advisors of pools launched after July 13, 2012

CFTC adopts final amendments to Regulation 4.5 limiting availability of the CPO registration exclusion to registered investment companies and proposes harmonization of CFTC and SEC requirements for affected investment companies

Alston & Bird LLP
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USA
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February 23 2012

On February 9, 2012, the Commodity Futures Trading Commission (CFTC) adopted amendments to several of its rules regarding commodity pool operators, including CFTC Regulation 4.5

CFTC amends registration and compliance obligations for CPOs and CTAs

Alston & Bird LLP
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USA
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February 23 2012

On February 9, 2012, the Commodity Futures Trading Commission (CFTC) adopted amendments to several of its rules affecting commodity pool operator (CPO) and commodity trading advisor (CTA) registration and compliance requirements

Anschutz Company

Alston & Bird LLP
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USA
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February 13 2012

Just before New Year’s Eve 2011 the Tenth Circuit affirmed the Tax Court’s ruling against the taxpayer Anschutz Company in a case involving a variable prepaid forward contract

Court holds that a bankruptcy termination provision that subordinates an in-the-money debtor’s right to a distribution may be an unenforceable ipso facto provision

Alston & Bird LLP
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USA
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June 16 2011

In Lehman Brothers Special Financing, Inc. v. Ballyrock ABS CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.), Adv. P. No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011) hereinafter “Ballyrock”, the United States Bankruptcy Court for the Southern District of New York held that a contractual provision that subordinates the priority of a termination payment owing under a credit default swap (CDS) to a debtor in bankruptcy, and which caps the amount of the termination payment, may be an unenforceable ipso facto clause under section 541(c)(1)(B

CFTC proposes regulation changes eliminating certain CPO and CTA exemptions

Alston & Bird LLP
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USA
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February 9 2011

Recently, the Commodity Futures Trading Commission (CFTC) held an open meeting to release for public comment certain rules relating to the regulation of entities participating in the futures and derivatives markets

CFTCSEC staffs host joint public roundtable to discuss issues related to the clearing of credit default swaps

Alston & Bird LLP
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USA
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October 22 2010

The Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) staffs held a public roundtable on October 22, 2010, to discuss issues related to rulemaking under the Dodd-Frank Wall Street Reform and Consumer Protection Act related to the clearing of credit default swaps

CFTC proposes new set of rules under Dodd-Frank Act

Alston & Bird LLP
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USA
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October 20 2010

Yesterday, at an open meeting, the Commodity Futures Trading Commission (CFTC) approved four proposed rulemakings to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act

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Parties to swaps and FX transactions must obtain legal entity identifiers by April 10, 2013

U.S. district court upholds amendments to CFTC Regulations 4.5 and 4.27 affecting registered investment companies

CFTC extends compliance date for amended rules 4.5 and 4.13(a)(4) regarding CPOCTA registration

CFTC adopts final amendments to Regulation 4.5 limiting availability of the CPO registration exclusion to registered investment companies and proposes harmonization of CFTC and SEC requirements for affected investment companies

CFTC amends registration and compliance obligations for CPOs and CTAs

Anschutz Company

Court holds that a bankruptcy termination provision that subordinates an in-the-money debtor’s right to a distribution may be an unenforceable ipso facto provision

CFTC proposes regulation changes eliminating certain CPO and CTA exemptions

CFTCSEC staffs host joint public roundtable to discuss issues related to the clearing of credit default swaps

CFTC proposes new set of rules under Dodd-Frank Act

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