Month: January 2010

Lehman Bankruptcy Court Issues Decision on Dante Case

 

On January 25, 2010, the United States Bankruptcy Court for the Southern District of New York issued a decision in the Lehman bankruptcy case holding that provisions that subordinate a swap counterparty’s rights to payment when the swap counterparty or one of its close affiliates goes into bankruptcy are unenforceable.  These types of provisions are used in many structured finance transactions, and thus this decision may have implications for the structured finance markets and the ratings of structured finance transactions. For more information on this case and its potential impact, read the related Orrick Client Alert.

Industry Meeting on OTC Derivatives Held at Federal Reserve Bank of New York

 

On January 14, 2010, the Federal Reserve Bank of New York (the “Federal Reserve”) hosted a meeting of major market participants, including both major dealers and buy-side participants, industry groups (including the International Swaps and Derivatives Association, Inc. (“ISDA”), the Securities Industry and Financial Markets Association and the Managed Funds Association) and domestic and international supervisors.  The purpose of the meeting, the sixth such meeting with industry participants held at the Federal Reserve, was to discuss efforts to improve the infrastructure supporting the over-the-counter (“OTC”) derivatives market.

At the meeting, William C. Dudley, president of the Federal Reserve, noted that the industry needed to continue its efforts to bring greater transparency to the derivatives markets and reduce systemic risk.  Market participants updated the Federal Reserve on developments in the derivatives market and agreed to effect additional changes to reduce risk and increase transparency.  In particular, the market participants agreed to: (i) expand central clearing for interest rate swaps and credit derivatives (including expanding the range of products eligible for central clearing), (ii) expand reporting on OTC derivatives transactions to regulators and (iii) improve risk management for derivatives transactions that are not centrally cleared by formalizing “best practices” for managing the risks inherent in these transactions, including through collateralization.  These commitments are in addition to the commitments market participants have made to regulators to report non-cleared trades to central repositories and to work with central clearing parties to broaden the range of cleared products.  The market participants agreed to provide a letter to the regulators by March 1, 2010 detailing their progress on these new commitments.

ISDA Publishes Portfolio Reconciliation Feasibility Study

 

On December 18, 2009, the ISDA Collateral Committee published a study (the “Study”) on the feasibility of extending collateral portfolio reconciliations (the complete Study may be found at this link).  Since July 2008, ISDA and derivatives markets participants have made a series of commitments to regulators regarding collateral management.  These commitments have included enhancing portfolio integrity between pairs of derivatives counterparties, known as portfolio reconciliation.  In particular, industry groups and market participants have recognized the need to (i) agree to the existence and general economic terms of the transactions between them and (ii) agree to the mark-to-market value of those transactions (within some reasonable tolerance of difference). READ MORE