"The Dodd-Frank Act: Commentary"

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Consumer Financial Protection Bureau Inquiry Into Overdraft Fees Highlights Focus on 'Unfair, Deceptive, or Abusive' Acts or Practices

April 12, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Joseph L. Barloon, Anand S. Raman, Austin K. Brown, Darren M. Welch

The Consumer Financial Protection Bureau is in the midst of a comprehensive effort to obtain comments, proposals, and data from both consumer groups and financial institutions relating to bank account overdraft protection programs. The Bureau’s inquiry is the latest in a series of actions by...

CFTC Adopts Internal Business Conduct Standards for Swap Dealers and Major Swap Participants

March 12, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Rachel Kaplan Reicher

On February 23, 2012, by a 3-2 vote, the Commodity Futures Trading Commission (CFTC) adopted rules (the Rules) to implement an array of swap reforms called for by six different sections of the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Act: CEA §§ 4s(f) and (g) (imposing...

CFTC Proposes Minimum Block Trade Sizes and Swap Counterparty Identity Protections

March 6, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Rachel Kaplan Reicher

On February 23, 2012, by a 3-2 vote, the Commodity Futures Trading Commission (CFTC) proposed rules (the Proposal) to set the block trading levels for swaps and to prevent identity disclosure of swap counterparties. On December 20, 2011, the CFTC adopted rules to implement for swaps the real-time...

The CFTC’s New Business Conduct Standards

February 17, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Rachel Kaplan Reicher, Prashina J. Gagoomal

The Commodity Futures Trading Commission (CFTC) published in the Federal Register final rules imposing business conduct standards (BCS) on swap dealers (SDs) and major swap participants (MSPs). See Business Conduct Standards for Swap Dealers and Major Swap Participants With Counterparties, 77 Fed....

Registration of Advisory Entities Affiliated With a Registered Investment Adviser

February 13, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Heather Cruz, Lawrence D. Frishman, Anastasia T. Rockas, Andrew Deas

On January 18, 2012, the Division of Investment Management of the Securities and Exchange Commission (the “SEC”) issued a no-action letter (the “No-Action Letter”)1 in response to a request from the American Bar Association’s Subcommittee on Hedge Funds (the “ABA...

CFTC Proposes Regulations to Implement the Volcker Rule

February 3, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young

On January 11, 2012, the Commodity Futures Trading Commission (CFTC) voted 3-2 to propose regulations to implement Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), commonly referred to as the “Volcker Rule.” The CFTC’s proposal...

Being Prepared to Access the Capital Markets

January 23, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | David J. Goldschmidt, Stacy J. Kanter, Laura A. Kaufmann Belkhayat

Despite periods of recovery, in today’s volatile markets companies may face capital constraints not of their own making. The market instability surrounding the European sovereign debt crisis, as well as the related volatility of the debt and equity markets, may limit access to capital. In an...

The CFTC’s New Swap Reporting and Recordkeeping Requirements

January 17, 2012 | Skadden, Arps, Slate, Meagher & Flom LLP | Mark D. Young, Maureen A. Donley, Rachel Kaplan Reicher

On December 20, 2011, the Commodity Futures Trading Commission (CFTC) adopted three major parts of the transparency reforms for swaps contemplated by Title VII of the Dodd-Frank Act: regulatory reporting, public reporting and recordkeeping.1 As of January 13, 2012, these rules were published in the...

2012 <i>Insights</i>: Corporate Restructuring

Out-of-Court Prepackaged and Prearranged Restructuring Strategies Continue to Prevail Over Traditional Chapter 11 Cases We predict that out-of-court, prepackaged and prearranged restructuring strategies will continue to be favored in 2012. Sophisticated stakeholders and financially distressed...

2012 <i>Insights</i>: Financial Regulation

The financial crisis has brought about profound changes in the regulatory environment for financial institutions and other capital markets participants. These changes have been influenced not only by national factors and local political considerations, but also by the increasingly interconnected...

2012 <i>Insights</i>: Global Litigation

January 2012 | Skadden's 2012 Insights |

U.S. Supreme Court Cases to Watch In the current term, the Supreme Court has once again agreed to decide cases of significant interest to the business community. Media coverage has justifiably concentrated on the potential implications of the challenges to President Obama’s health care...

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