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Holland & Knight LLP | USA | 25 Apr 2019

Cooperation Credit in False Claims Act Cases

Companies facing liability under the False Claims Act (FCA) often desire early resolution with the Department of Justice (DOJ) through settlement


Holland & Knight LLP | USA | 18 Jun 2018

Swaps Regulator Endorses Potential of DLT for Swaps Trade Reporting

The "Swaps Regulation Version 2.0, an Assessment of the Current Implementation of Reform and Proposals for Next Steps" White Paper outlines proposals


Holland & Knight LLP | USA | 21 Nov 2016

Guide to U.S. Variation Margin Documentation for Financial End Users

The scheduled implementation date applicable for most financial end users for the mandatory posting of variation margin to their swap dealer


Holland & Knight LLP | USA | 14 Apr 2015

A practical guide for the buy-side to the U.S. margin rules for uncleared swaps

It is expected that CFTC and the Prudential Regulators will issue final rules with respect to initial margin and variation margin for OTC derivatives


Holland & Knight LLP | USA | 16 Dec 2013

Final rules issued implementing the Volcker Rule

On December 10, 2013, five federal agencies the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the


Holland & Knight LLP | USA | 29 Aug 2013

Immediate action item for private funds and their managers: prepare and distribute "bad actor" questionnaires

As widely reported, the Securities and Exchange Commission (SEC) approved a final rule effective Sept. 23, 2013, that prohibits a fund relying on the


Holland & Knight LLP | USA | 3 Jun 2013

What every end-user needs to know about the ISDA March 2013 DF protocol

On March 22, 2013, ISDA published the March 2013 DF Protocol, and on May 20, 2013, ISDA Amend1 became available to accept Questionnaires under the


Holland & Knight LLP | USA | 22 Apr 2013

Guarantees of interest rate swap obligations by non-ECP guarantors are probably illegal and unenforceable

The Commodity Futures Trading Commission (the CFTC) has made a determination that could affect the legality and enforceability of certain guarantees


Holland & Knight LLP | USA | 12 Apr 2013

The extraterritorial reach of derivative regulation under Dodd-Frank

In the wake of the financial crisis, global regulators have endeavored to undertake significant regulatory reform of the swaps markets. In 2009, the


Holland & Knight LLP | USA | 5 Sep 2012

Dodd-Frank rules clarify relief from swap regulation for certain energy, emission and other commodity swaps

As a general matter, commodity swaps and options on commodities, whether or not physically settled, are subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank").

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