Topic
Swaps
164 published works
Corporate and Securities Law
SEC Issues Concept Release on Swap Definitions and Announces Roundtable on Clearing and Listing of Swaps
Bankruptcy & Restructuring Law
What Does “Commercially Reasonable Determinants of Value” Mean Under Section 562 of the Bankruptcy Code?
As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with…
Securities Law Prof Blog
House Committee Approves Legislation to Regulate OTC Derivatives
The House Financial Services Committee today approved legislation that would, for the first time ever, require the comprehensive regulation of the over-the-counter (OTC) derivatives marketplace. Today’s bill, which was approved…
Bankruptcy Litigation Blog 2.0
4th Circuit Overrules Judge Small And Holds That Ordinary Commodity Supply Contracts Fall Within BAPCPA’s “Swap Agreement” Amendments
In June 2007, I wrote here about Judge Small's opinion that BAPCPA's expanded "safe-harbor" definition of "swap agreement" did not apply to ordinary supply agreements in which a seller and…