Insight Robin Powers · June 19, 2011
SEC to provide guidance on Dodd-Frank requirements and extend temporary rules under the Exchange Act.
As previously noted, the Securities Exchange Commission granted itself an extension to finalize the rules mandated by Dodd-Frank. The Commission announced that it will shortly clarify which provisions of Title VII will automatically go into effect on July 16, alter some of the requirements for those automatic provisions and provide temporary relief from other provisions, if necessary. The Commission also plans to extend temporary rules under the Securities Act, the Exchange Act, and the Trust Indenture Act. The SEC stated its hope that these actions will support the flow of credit default swaps into the clearing houses during the extension period.
Insight Robin Powers · June 18, 2011
FIA and ISDA Publishes Documentation for Cleared Swaps in an effort to add structure to OTC market pending full implementation of Dodd-Frank Act and similar regulation in foreign jurisdictions.
In anticipation of the clearing requirements in Dodd-Frank, each of the major clearing houses published proprietary agreements with the intent to best fit OTC swaps clearing into its portfolio of offerings. However, with multiple clearing houses each with its own required documentation, OTC market participants were undoubtedly spending considerable time and money understanding and negotiating on many fronts.
Insight Robin Powers · June 17, 2011
Concerns Facing the OTC Derivatives Market in the Absence of a Workable Regulatory Structure
The delay of Title VII rulemaking in the Dodd-Frank Act, arguably one of the largest pieces of financial legislation to come out of Congress since the Great Depression, is concerning to those involved in all aspects of the OTC market. On July 16, specific provisions of Title VII including Sections 721 (definitions), 723 (clearing requirements), 731 (registration/requirements for swap dealers), 763 (Amendments to Securities and Exchange Act of 1934), and 764 (registration/regulation requirements for security-based swap dealers) will automatically come into effect.
Insight Robin Powers · June 16, 2011
A Dodd-Frank Overview
According to the U.S. Securities and Exchange Commission (SEC), “Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) addresses the gap in U.S. financial regulation of OTC swaps by providing a comprehensive framework for the regulation of the OTC swaps markets.” Dodd-Frank goes into effect July 16, 2011 (360 days after it was passed), with the SEC and the Commodity Futures Trading Commission (CFTC) promulgating and implementing the supporting rules and regulations.
Insight Michael Moradzadeh · June 13, 2011
The evolution of alternative fee arrangements and value billing.
Insight June 10, 2011
The inclination when looking for a lawyer is always to start with big firms. They are well-established in most cities, and connote a certain amount of prestige. There is also still some truth in that big firms recruit the best and brightest from law schools, and thus produce better work product for you.
There are however, many alternatives to a big firm when retaining legal representation, each with their own strengths and weaknesses: boutique firms, solo practitioners, and hiring a general counsel.
Insight June 10, 2011
The Patient Protection and Affordable Care of Act of 2010 created a new form of organization called Accountable Care Organizations (“ACOs”). In late March, 2011 CMS issued a Proposed Rule addressing a variety of issues relating to the formation and operation of these ACOs. This white paper addresses some of the more important legal ramifications surrounding ACOs and their participants.
Insight Michael Moradzadeh · June 09, 2011
The traditional top-tier law firm model is based on a business structure of years gone by. Consequently law firms are operating inefficiently and in an antiquated fashion. This leads to under-served clients and a high rate of dissatisfaction among top-tier lawyers.
There is a better way. By modernizing the law firm business model, and thus allowing attorneys more freedom to serve their clients, firms, attorneys, and clients will all benefit.
Insight June 09, 2011
By a unanimous decision, the Supreme Court rejected Microsoft's argument and affirmed the Federal Circuit's strong presumption of proof that granted U.S. patents are valid.
Insight June 06, 2011
Recent moves into Israel by companies from the Silicon Valley are a reminder that there are still many untapped opportunities for economic cooperation between two of the world's foremost centers of high technology. Innovative business cultures and common values make Israel and the Silicon Valley natural partners in the world of high-tech and venture capital.