The market’s attention is fixed firmly on the future of derivatives.  Questions about the implementation and impact of the Dodd Frank requirements, and to what extent the use of swaps in structured finance and other transactions will return, are front and center.  And yet, there are also lessons to be learned from the past use of these somewhat esoteric financial instruments, which continue to be questioned and tested in litigation — with more to come.  Orrick covered this topic in an article recently published in Law360.