Topic: Derivatives

Selected Regulatory Reform Topics

August 2013 | American Bar Association

At the American Bar Association Annual Meeting, Diana and Hugh Conroy of Cleary Gottlieb Steen & Hamilton presented at the Business Law Section Banking Law Committee (BLC) Securities, Capital Markets & Derivatives Subcommittee session. Their remarks focused on margin and capital requirements for banks, including swap dealers and major swap participants, following the enactment of the Dodd-Frank Act.

CFTC Agricultural Advisory Committee Meeting

July 25, 2013 | Commodity Futures Trading Commission (CFTC)

As a member of the CFTC Agricultural Advisory Committee representing the American Bankers Association (ABA), Diana emphasized that the ABA represents banks of all sizes including some that might only engage in swaps once every five years. She also expressed concerns about the proposed clearing exemption for cooperatives, including Farm Credit that has a $26 billion swaps portfolio. In addition, she engaged in discussion about bridge technology and data security.

CFTC Agricultural Advisory Committee Meeting

July 25, 2013 | Commodity Futures Trading Commission (CFTC)

As a member of the CFTC Agricultural Advisory Committee representing the American Bankers Association (ABA), Diana emphasized that the ABA represents banks of all sizes including some that might only engage in swaps once every five years. She also expressed concerns about the proposed clearing exemption for cooperatives, including Farm Credit that has a $26 billion swaps portfolio. In addition, she engaged in discussion about bridge technology and data security.

Outlook 2012: SEC Regulatory Agenda

2012 | The Bureau of National Affairs, Inc. (BNA) by Yin Wilczek

An article focused on the Securities and Exchange Commission’s (SEC) regulatory agenda quoted Diana about the implementation of the Dodd-Frank Act. Her commentary focused on the timeline for the Volcker Rule. She emphasized the need for interagency and international harmonization so there would not be jurisdictional battles.

Navigating the New Regulatory Landscape: An Evaluation of the New Regulatory Environment and the Future of Collateral Management under Dodd-Frank

November 5, 2012 | Marcus Evans Global Financial Markets Intelligence (GFMI)

At the GFMI Collateral Management Conference, Diana spoke on multiple panels about the impact of the Dodd-Frank Act on collateral management. In particular she discussed liquidity and collateral optimization, emphasizing the impact on banks and the new regulatory frameworks for the swap and security-based swaps markets.

Petition for Rulemaking on the Definition of Eligible Contract Participant in Commodity Exchange Act Section 1a(18), Interpretive Letter, Exemptive Relief, or Other Guidance

August 24, 2012 | American Bankers Association (ABA)

The ABA seeks CFTC and SEC rulemaking, an interpretive letter, exemptive relief, or other guidance on the eligible contract participant (ECP) definition. As a result of Dodd-Frank Act rulemaking implementation effective October 12, 2012, only ECPs are able to enter into over-the-counter swaps. Banks need clarity on the ECP definition and it has a particular impact on small and medium-sized businesses. The CFTC issued a No-Action and Interpretation Letter on the implementation date.