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    Protection of collateral of counterparties to uncleared swaps; treatment of securities in a portfolio margining account in a commodity broker bankruptcy
    2010-12-06

    On December 3rd, the CFTC published for public comment proposed requirements for swap dealers and major swap participants with respect to the treatment of collateral posted by their counterparties to margin, guarantee, or secure uncleared swaps. The proposal also would ensure that, for purposes of subchapter IV of chapter 7 of the Bankruptcy Code, securities held in a portfolio margining account that is a futures account constitute "customer property" and owners of such account constitute "customers." Comments should be submitted on or before February 1, 2011.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Winston & Strawn LLP, Bankruptcy, Collateral (finance), Security (finance), Swap (finance), Futures contract, Commodity broker, Margin (finance), Broker-dealer, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Orderly liquidation termination provision in swap trading relationship documentation for swap dealers and major swap participants
    2011-02-14

    On February 8th, the CFTC published for comment proposed regulations that would set forth parameters for the inclusion of an orderly liquidation termination provision in the swap trading relationship documentation for swap dealers and major swap participants. Comments should be submitted on or before April 11, 2011. 76 FR 6708.  

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Winston & Strawn LLP, Swap (finance), Trader (finance), Liquidation, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    State court receiverships and assignments for benefit of creditors
    2011-03-31

    Click here to view the webinar.

    Click here for the PowerPoint presentation.

    Click here for the presentation materials.

    State Court Receiverships

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Limited liability company, Foreclosure, Liquidation, Investment company, Right to property, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Rules of Civil Procedure (USA)
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Bank's lack of diligence results in denial of late claim
    2011-05-25

    COMMODITY FUTURES TRADING COMMISSION v. LAKE SHORE ASSET MANAGEMENT LTD. (May 11, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Shareholder, Fraud, Asset management, Default judgment, Commodity market, Pro rata, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Deal carefully with bitcoins until legislation catches up
    2014-04-22

    Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Carlton Fields, Bankruptcy, Bitcoin, Cryptocurrency, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA), Bank Secrecy Act 1970 (USA)
    Authors:
    Alexandra D. Blye , Robert N. Gilbert
    Location:
    USA
    Firm:
    Carlton Fields
    Protection of collateral of counterparties to uncleared swaps; treatment of securities in a portfolio margining account in a commodity broker bankruptcy
    2013-11-04

    On October 30th, the Commodity Futures Trading Commission ("CFTC") adopted new final rules imposing requirements on swap dealers and major swap participants with respect to the treatment of collateral posted by their counterparties to margin, guarantee, or secure uncleared swaps.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Winston & Strawn LLP, Collateral (finance), Security (finance), Swap (finance), Commodity broker, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Court rejects safe harbor defenses for futures customers
    2013-02-01

    On January 4, 2013, the U.S. District Court for the Northern District of Illinois issued an opinion that strikes a significant blow against the rights of futures customers that might otherwise enjoy the Bankruptcy Code’s safe harbor protections. The opinion, arising out of the Chapter 11 bankruptcy case of Sentinel Management Group, Inc. (Sentinel), fashions a new exception to the safe harbor protections in the event of distributions or redemptions to customers of a failed futures commission merchant (FCM).

    Filed under:
    USA, Illinois, Derivatives, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Security (finance), Futures contract, Commodity broker, Commodity Futures Trading Commission (USA), US District Court for Northern District of Illinois
    Authors:
    James M. Cain , Jacob Dweck , Catherine M. Krupka , David T. McIndoe , Mark D. Sherrill
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Financial services legislative and regulatory update - December 19, 2011
    2011-12-19

    Leading the Past Week

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Insurance, Public, Tax, White Collar Crime, Mintz, Holding company, Payroll tax, Commodity Futures Trading Commission (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Mintz
    U.S. senator plans investigation of MF Global bankruptcy and role of its primary regulator
    2011-11-30

    U.S. Sen. Chuck Grassley, R-Iowa, is leading an investigation into the bankruptcy of brokerage MF Global Holdings Ltd. and the role that its primary regulator, the Commodities Futures Trading Commission (CFTC), played leading up to its recent bankruptcy.  MF Global collapsed as a result of holding more than $6 billion in European sovereign debt, which rating agencies recently downgraded to just above junk status. In addition, more than $600 million in client cash is reportedly missing from MF Global's books.

    Filed under:
    USA, Capital Markets, Derivatives, Insolvency & Restructuring, Sedgwick LLP, Shareholder, Commodity Futures Trading Commission (USA), US Senate
    Authors:
    Eric C. Scheiner , Jennifer Q. Broda , Thomas R. Orofino , Jennifer Hamilton , Matthew M. Ferguson
    Location:
    USA
    Firm:
    Sedgwick LLP
    SIPC trustee may investigate MF Global
    2011-11-14

    On November 4th, the Federal Bankruptcy Court granted the SIPC Trustee's motion to establish procedures for the issuance of subpoenas for document production and depositions in connection with the SIPC Trustee's independent investigation into the business and affairs of MF Global. Access to documents produced by witnesses and attendance at examinations will be limited to the SIPC Trustee and his professionals. The SIPC, SEC and CFTC will have access to the discovery upon the execution of confidentiality agreements.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Discovery, Witness, Subpoena, Non-disclosure agreement, Capital punishment, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Securities Investor Protection Corporation, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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