The U.S. "prudential regulators" final rule on uncleared swap margin requirements was published in the Federal Register. The final rule, issued by the Federal Reserve Board, the Office of the Comptroller of the Currency, the FDIC, the Farm Credit Administration and the Federal Housing Finance Agency, will become effective on November 9, 2018. As previously covered, legacy swaps that have not been subject to margin requirements will not become subject to margin requirements if they are amended solely to comply with the new regulations restricting certain qualified financial contracts of

In a New York Times opinion piece, SEC Commissioner Robert J. Jackson Jr. and former U.S. attorney for Manhattan Preet Bharara stated that the SEC should use its authority to clarify insider trading law.

In remarks at the 2018 Federal Reserve Stress Testing Research Conference, Federal Reserve Bank of New York Executive Vice President and Director of Research Beverly Hirtle reviewed (i) the evolution of stress testing on regulatory capital ratios and (ii) how the significant design choices that were made led to the stress test becoming a key supervisory policy tool. Ms. Hirtle recommended areas for new research that could help advance the development of stress test modeling.

Two professors of business law petitioned the SEC to require public companies to disclose environmental, social and governance ("ESG") information. In their petition, Cynthia A. Williams from York University and Jill E. Fisch from the University of Pennsylvania Law School set out six arguments to support the petition: The SEC has clear statutory authority to require the disclosure of ESG information, and doing so will promote market efficiency and protect American public companies, as well as U.S. capital markets; ESG information is material to many investors; Public companies have trouble

In a new paper (the "Paper"), ISDA and several foreign banking and securities dealers associations (collectively, the "associations") analyzed the potential adverse effects of a "no deal" Brexit scenario on OTC derivatives business under EU law; that is, in a situation in which (i) the UK withdraws from the EU without an agreement with the EU and (ii) there is no transition period for market participants. In the Paper, the associations stated that a "no deal" scenario would create a "disruptive 'cliff edge' change" in EU regulatory requirements regarding OTC derivatives business. A "no deal"