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The Federal Deposit Insurance Corporation ("FDIC"), the Bank of England, the German Federal Financial Supervisory Authority ("BaFin") and the Swiss Financial Market Supervisory Authority ("FINMA"), known collectively as the "resolution authorities", jointly authored a letter to encourage the International Swaps and Derivatives Association, Inc. ("ISDA") to adopt language in derivatives contracts that would delay the early termination of those instruments in the event of a resolution of a global systemically important financial institution ("G-SIFI"). According to the letter, the resolution

According to an MFA blog post, a report published by the European Central Bank ("ECB") notes a number of benefits that high-frequency trading provides to markets, including the benefit of making markets more efficient and less volatile. The report indicates that high-frequency trading has made the marketplace a "highly competitive environment." The report further raises the question as to whether there are in fact benefits from the old more highly regulated intermediation sector, e.g., requiring continuous liquidity supply, and limiting liquidity demand that outweighs lower innovation and

Bob Zwirb Steven Lofchie Commentary by Bob Zwirb and Steven Lofchie

The CFTC approved by a 3-1 vote a revised proposed rulemaking to establish a federal position limit regime for exchange-traded commodity futures contracts on 28 physical commodities and economically equivalent swaps. The vote came a little more than a year following a federal district court's vacation of a nearly identical rulemaking on the ground that, prior to imposing them, the CFTC had failed to make a finding that position limits were in the public interest. ISDA v. CFTC, 887 F. Supp. 2d 259 (D.D.C. Sep. 28, 2012) (ruling that CFTC had no "clear and unambiguous mandate" to set position

The CFTC proposed a rule to amend its regulations to require that all persons registered with the CFTC as introducing brokers ("IBs"), commodity pool operators ("CPOs") and commodity trading advisors ("CTAs") become and remain members of at least one registered futures association ("RFA"); i.e., the National Futures Association, since it is the only RFA. Current CFTC Rules 170.15 ("Futures Commission Merchants") and 170.16 ("Swap Dealers and Major Swap Participants") require FCMs, SDs and MSPs to become members of an RFA, subject to an exception for certain notice-registered brokers or dealers