Searching Content indexed under Commodities/Derivatives/Stock Exchanges by Milbank LLP ordered by Published Date Descending.
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Derivatives Partner John Williams To Discuss ISDA's Proposed Changes At The Creditflux Credit Dimensions Forum
Milbank Derivatives partner John Williams will join the discussion on "Can We Trust Single Name CDS Again?"
United States
11 Jun 2019
‘U.S. v. Connolly': The Consequences Of Outsourcing Government Investigations To The Private Sector
In a sharp rebuke of the government that could result in meaningful changes to the way that prosecutors and defense attorneys approach internal investigations...
United States
31 May 2019
CCPs As Third Party Service Providers: Breach Notification Issues
Among the requirements placed on New York chartered- or licensed-financial institutions is that, pursuant to Section 500.17 (‘‘Notices to the Superintendent'') ...
United States
19 Oct 2018
US Risk Retention Rules: What Constitutes An Open-Market CLO?
Milbank partner Deborah Festa and associate Andrew Keller wrote an article titled "US Risk Retention Rules: What Constitutes an Open-Market CLO?," which was published in the July 18, 2018 ...
United States
9 Aug 2018
"Financial Market Utilities: The Unintended Consequences Of H.R. 10, The Financial CHOICE Act, Or It Is Key To Be A QCCP Under Basel 3"
On June 8, 2017, the House of Representatives passed H.R. 10, the Financial CHOICE Act of 2017
United States
12 Jul 2017
The Iheart Communications Credit Event And What It Means For The CDS Contract
As has been the case now for three years running1, 2016's December 20 roll date again triggered a set of novel questions for the credit default swap market...
United States
2 Feb 2017
Close-Out Netting Provisions Partially Held Invalid By German Federal Court Of Justice
The German Federal Court of Justice ruled on 9 June 2016 that contractual close-out netting provisions which deviate from section 104 of the German Insolvency Code are invalid...
United States
8 Aug 2016
"Are You My Mother?": Which Agency Governs What Swap Entity Under The Margin Rules For Non-Cleared Swaps?
On October 22, 2015, the federal prudential regulatory agencies issued a final margin and capital rule for covered swaps entities (the "Prudential Margin Rules").
United States
9 May 2016
Bank Ordered To Disclose Privileged Documents In LIBOR-Related Civil Proceedings
On 6 February 2013, the UK Financial Services Authority ("FSA") (as the FCA was then known) published a Final Notice recording its detailed findings that RBS had "undermined the integrity of LIBOR"...
United States
1 Jul 2015
Do Some Derivatives Qualify Under The Volcker Rule For The Liquidity Management Exclusion From The Proprietary Trading Prohibition?
Chapter 13 of the Bank Holding Company Act, as amended, (the "Volcker Rule") and the final rules issued thereunder prohibit covered banking entities from engaging in proprietary trading of financial instruments.
United States
2 Feb 2015
SEC Adopts Regulation SCI To Strengthen Controls For Technological Systems At Core Of U.S. Markets
On November 19, 2014, the SEC announced the adoption of Regulation Systems Compliance and Integrity in a 742-page release.
United States
15 Dec 2014
CLO 3.0 – Volcker’s Impact On CLOs
The final Volcker Rule was adopted on December 10, 2013.
United States
24 Mar 2014
White Collar and Investigatory Representation
A summary regarding the developments of a financial derivatives and commodities brokerage firm that suffered a major liquidity crisis in October 2011.
United States
5 Feb 2013
CFTC No-Action Letter May Have Implications For The Treatment Of Swap Obligations In Secured Bank Financings
Lenders in secured bank financings frequently require or allow borrowers and their subsidiaries to hedge against interest rate, commodity and/or currency fluctuations by entering into swap agreements or other derivative products ("swaps") with financial institution counterparties.
United States
10 Dec 2012
Delaware Chancery Court Rules That A Plaintiff Who Hastily Files A Caremark Claim Is Presumptively Disloyal And Inadequate To Represent The Corporation In A Derivative Case
In a ruling dismissing a shareholder derivative suit, Vice Chancellor J. Travis Laster took another step in forcing shareholders that seek to bring derivative claims to use all available tools to research and develop their claims before commencing suit.
United States
15 Oct 2012
Delaware Court Of Chancery Rules That Shareholder Derivative Lawsuits Are Not Collaterally Estopped By Previously Dismissed Suits Involving Similar Claims
In a significant opinion with wide-ranging implications for both the plaintiffs and defense bar, Vice Chancellor J. Travis Laster of the Delaware Chancery Court ruled that dismissal of a shareholder derivative suit for failure to make a demand on the board of directors, as required by Del. Ch. Ct. R. 23.1,1 does not preclude different shareholders from subsequently asserting similar claims.
United States
21 Jun 2012
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