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22 May 2012
Senior industry figures have been debating how to regulate money market funds at the 2012 American Securitization Forum
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11 May 2012
The US' CFTC moved to encourage international harmonisation of swaps data recordkeeping earlier this month. But the real fix to the swaps data repository indemnification provision of Dodd-Frank is expected to come out of Congress.
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01 May 2012
Single-counterparty credit limits is US banks’ top concern under Dodd-Frank at present, with a bankers’ counsel describing it as Volcker II.
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01 May 2012
Investment advisers have criticised a US House Financial Services Committee proposal to implement a self-regulatory organisation in the retail market
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30 April 2012
The inventory risk turnover metric, negative presumption and foreign trades are problematic areas of the proposed Volcker Rule tipped to change in the final rule
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27 April 2012
US banks and companies transacting less than $8 billion in swaps will not have to register with the SEC or CFTC as swap dealers according to new rules. But concern remains swap dealers will drop out of the market
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27 April 2012
Bankers' counsel have warned against overlooking the subtly-worded conformance period compliance requirements
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17 April 2012
Dueling comment letters from the US investment industry’s foremost trade associations have brought principal trades to the forefront of the long running debate on broker-dealer fiduciary obligations
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13 April 2012
US attorneys have called on the Financial Stability Oversight Council to exempt asset management companies from being designated as Sifis
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12 April 2012
Crowdfunding intermediaries will face many of the investor protection burdens included in the Jobs Act. Companies are expected to use them as funding portals or broker-dealers, nonetheless
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03 April 2012
The imminent Jobs Act will make life easier for issuers but may expose banks to litigation risks, lawyers have warned
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29 March 2012
Last week’s trading halt of Apple shares on the US BATS exchange has highlighted the impracticality of circuit breakers and why equity infrastructure needs to be refined
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20 March 2012
The positive results of the US Federal Reserve’s stress tests are understood by legal experts to suggest US preparedness for the implementation of Basel III
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15 March 2012
US lawyers have welcomed a court decision to enjoin an asset spin-off of Trust preferred securities holders that would have left outstanding claims without revenue generating assets.
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09 March 2012
The SEC is reconsidering the ban on journalist solicitation during private placements, and may review reporting requirements for foreign private issuers in the US
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06 March 2012
The legally separated but operationally comingled model for protection of customer collateral would not address the MF Global problem. The present futures model could offer greater protection through an online reporting regime
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06 March 2012
The Federal Reserve approved the first two bank acquisitions subject to Dodd-Frank’s financial stability requirement. But H Rodgin Cohen says more complex M&A deals will be difficult
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02 March 2012
A pending CFTC rule on the definitions of swap dealer and major swap participant could force smaller banks and commodity merchants out of the market
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21 February 2012
Despite the hope of two former SEC regulators, a rule finalised by the CFTC on February 9 serves as yet another example of US bifurcated regulation
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07 February 2012
An NYSE memo to further restrict the type of corporate governance matters allowing for broker votes of unspecified shares could effectively handcuff corporate boards with supermajority voting policies
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07 February 2012
Toronto has been touted as the top choice for foreign banks looking to escape aspects of the Volcker Rule. But is it really feasible?
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07 February 2012
More foreign regulators are expected to contact US authorities with complaints about the proposed Volcker Rule's restrictions on sovereign debt trading
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07 February 2012
Listen to the free recording of the web seminar where Morrison & Foerster and the NYU Stern Business school discussed the differences in recovery and resolution plans between Europe and the US
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02 February 2012
Why a New York Court of Appeals decision to allow investor litigation against financial advisers may mean higher advisory fees for institutional investors
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01 February 2012
US regulators have promised a risk retention release in Q2, but industry insiders expect a re-proposal not a final rule
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31 January 2012
The US’s often-criticised approach to credit rating agency reform has been held up as an example for European regulators at the American Securitisation Forum in Las Vegas
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31 January 2012
The FDIC depositor protection concerns over covered bonds have been picked up by regulators in other parts of the world, according to panelists at ASF2012
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31 January 2012
John Walsh, acting head of the Office of the Comptroller of the Currency (OCC) has warned against overreaction and misperception surrounding the risks of derivatives
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31 January 2012
Bank counsel fear that the SEC reconsideration of registration exemptions for asset-backed security issuers could further worsen securitisation’s plight under the Volcker rule
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26 January 2012
Financial institutions could face market overreactions over publicly disclosed summaries of financial data following the release of proposed stress testing rules mandated by Section 165 of Dodd-Frank
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12 January 2012
It’s only a matter of time before financial incentives to report US securities and commodities law violations start impacting the UK market, lawyers have warned
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11 January 2012
Proposed liquidity rules for US financial institutions could exceed international standards following the Basel oversight committee’s promise to ease requirements in times of stress
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21 November 2011
Controls on futures and OTC customer funds will be stricter following allegations of MF Global’s use of customer funds in the days before its collapse
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17 November 2011
The new investment bank model could be a scaled-down and fragmented version of today, says Moore Capital Management’s Matthew Carpenter
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14 November 2011
Coordination among US and international regulators is stronger than ever, according to the SEC's Mary Schapiro
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11 November 2011
The percentage of whistleblower filings resulting in investigations has been much higher than expected, according to SEC commissioner Elisse Walter.
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08 November 2011
Here we list the the best quotes from a meeting featuring SEC chairman Mary Schapiro, CFTC chairman Gary Gensler and Citigroup CEO Vikram Pandit
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18 October 2011
Most hedge funds will not be deemed systemically important financial institutions if an Financial Stability Oversight Counsel’s proposal is enacted
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18 October 2011
Investment advisers have welcomed the SEC no-action letter on pay-to-play requirements
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18 October 2011
The 298-page Volcker rule proposals released last week by four regulators poses 383 questions - more than most senior practitioners have ever seen in one rule
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13 October 2011
Investors can purchase shares in private companies not subject to US SEC registration and disclosure requirements, if legislation drafted by US Representative Patrick McHenry is passed
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06 October 2011
It looks like financial institutions will have plenty of opportunity to influence the final form of the Volcker Rule. Here are the key questions and inconsistencies
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04 October 2011
Bankers' counsel don't expect a granular proposal, and even Finra admits it will be difficult to identify prohibited trades under the rule
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20 September 2011
The CFTC will target third party managers with municipal securities in their portfolios, according to the its Director of Enforcement, David Meister
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20 September 2011
The SEC has vacated its universal proxy access rule, but companies still can't block shareholder board nominee proposals
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20 September 2011
The US living wills framework fell short of foreign banks’ principal demands, but some key requests have been accommodated
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16 September 2011
Increasing bank regulation will impact on loan market behaviour within two months, according to a JPMorgan loan trader
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15 September 2011
Despite the best efforts of US and European regulators, financial regulation experts say the market is no closer to finding an alternative to credit rating agencies
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15 September 2011
Bank of America’s inclusion of tracking stocks in its contingency plan requested by the Fed is the first mention of the security in a long time. But it's not returning
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13 September 2011
With the regulatory spotlight fixed on banks and their activities, the shadow banking industry is growing
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13 September 2011
The US government’s planned National Infrastructure Bank would offer a new form of finance for private and public-private partnership projects
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30 August 2011
Mandatory changes introduced this week will bring the US tri-party repo market more in line with the European market
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25 August 2011
Dodd-Frank-mandated rule will exempt ABS issuers from burdensome periodical reporting requirements. But not as many as expected
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25 August 2011
Federal preemption rules codified by Dodd-Frank may force US banks to restructure
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23 August 2011
Linklaters partner Gary Barnett will head the Commodity Futures Trading Commission’s (CFTC) new swaps division
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11 August 2011
The Consumer Financial Protection Bureau doesn’t have the ability to engage in new powers authorised in Title X of Dodd-Frank until a director can be appointed to its head
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09 August 2011
US counsel have critiqued the new rules on Dodd-Frank’s Section 939A requirement to remove credit ratings from short-form eligibility criteria
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02 August 2011
A New York legal counsel speaks out on the progress of implementation, including living wills, Volcker, ratings agencies and derivatives reform
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29 July 2011
Twelve months of Dodd-Frank rulemaking has shown a heightened degree of cooperation between the two US regulators, say lawyers
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27 July 2011
European loan contracts should include explicit waivers that junior creditors have in a US bankruptcy scenario, according to lawyers