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On June 15, 2022, the Securities and Exchange Commission (the “SEC”) issued a request for comment to “help determine which ‘information providers,’ such as index providers, model portfolio providers, and pricing services, might come under the SEC’s definition of an investment adviser.” The request for comment (the “RFC”) discusses the roles played by these entities in, for example, the construction and calculation of indices, and analyzes the factors used to determine whether an entity is providing investment advice within the meaning of the Investment Advisers Act of 1940 (the “Advisers Act”). Among other things, the SEC is concerned about what it terms “significant discretion” in index methodologies.Continue Reading SEC Request for Comment on “Information Providers”

Stock finance business

The Mayer Brown derivatives team recently attended (virtually, as is increasingly market standard) ISDA’s conference on “Developments in Crypto Derivatives”. This is a “hot” area of the legal market, as we have recently reported on this blog, and so the conference was well attended.

In this post we summarise the main themes of the conference and issues market participants should consider regarding crypto derivatives.Continue Reading Developments in Crypto Derivatives

March 11, 2022 Webinar

12:00pm – 1:00pm EST

Register here.

On February 10, 2022, the Securities and Exchange Commission (“SEC”) proposed amendments to the rules governing reporting on Schedules 13D and 13G. These proposed amendments are intended to modernize the rules by, among other things, making information available to the public in…

On February 10, 2022, the Securities and Exchange Commission (the “SEC”) proposed amendments to Schedules 13D and 13G relating to beneficial ownership reports (the “Proposed Amendments”).

The Proposed Amendments are intended to modernize the rules that govern reporting on Schedules 13D and G by, among other things, making information available to…

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In terms of exponential growth, surely the only recent phenomenon to match the spread of COVID-19 around the world is the explosive growth of cryptocurrencies and their spread into the established financial markets. Central banks, regulators and public authorities worldwide are grappling with how cryptocurrencies fit into existing legal and regulatory frameworks, from the tax treatment of gains (or losses) on trading in cryptocurrencies to the marketing of cryptocurrencies to members of the public.
Continue Reading Growing up: crypto derivatives

Night View of Capital Hill

In Deutsche Bank v Busto [2021] EWHC 2706, the English High Court recently considered the validity of certain swap contracts entered into between an Italian public authority (“Busto”) and Deutsche Bank AG, London Branch (“DB”). The capacity of public bodies to enter into derivative contracts has been fertile ground for litigation in recent years.
Continue Reading Capacity Request: validity of swaps entered into by Italian public authorities

Two years ago, I was standing in front of our Mayer Brown offices in Frankfurt, boiling in 38 degree heat, filming a trailer for Linkedin for our 5th Annual OTC Derivatives Seminar, which we had clients coming from across Germany, to attend.

Last June , with international lock-down well under way, we took our…

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The International Swaps and Derivatives Association held its 35th annual general meeting over three days last week. Last year, the conference was due to be in Madrid, but it was postponed, and with international travel even less viable this year, the conference moved online.

For those unable to attend the online version, here is a summary of the highlights, from a few of three of the topics covered: IBOR transition, prudential issues such as Basel III implementation and future challenges and opportunities such as digitalisation.Continue Reading Virtually the same: 35th ISDA AGM

Stock finance business

The Working Group on Sterling Risk-Free Reference Rates (the Sterling Working Group) is an influential body of the Bank of England formed for the purpose of coordinating an orderly market transition from GBP LIBOR to risk free rates such as SONIA, by the end of 2021. During April 2021, it has published papers to assist derivative market participants with this transition. (For further background on the recommended timing for LIBOR transition see our Eye on IBOR Transition blog post here.)
Continue Reading A LIBOR of love: considerations for use of IBOR fall-backs or active transition

Night View of Capital Hill

Following enactment of Dodd-Frank, and resulting changes to the commodity pool definition, more investment vehicles may be commodity pools.

Join Mayer Brown partners Matt Kluchenek and Anna Pinedo for a discussion of the most recent changes to the commodity pool definition, including relief given in late 2020, and much more in Practising Law Institute (PLI)…