WilmerHale’s Petal Walker Joins Jumpstart DC Local Advisory Board

WilmerHale Senior Associate Petal Walker has been appointed to the Local Advisory Board for Jumpstart in Washington DC. Jumpstart is a national early education organization that provides quality early education to preschool-aged children from low-income communities.

Reminder: Compliance Deadline Approaching for ISDA August 2012 Dodd-Frank Protocol

As a reminder, swap market participants, including managers of hedge funds and other pooled investment vehicles as well as corporate end-users, may need to adhere to the ISDA August 2012 Dodd-Frank Protocol (the “Protocol”) in the next few weeks if they have not done so already.

CFTC Staff Provides Broad Relief for Market Participants as Swap Effective Date Arrives

The final joint swap definition rules and interpretations issued by the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission became effective on October 12, 2012, triggering a series of requirements related, among other things, to swap dealer registration, determination of who is a major swap participant, swap data reporting and recordkeeping, status of eligible contract participants, and registration as a commodity pool operator, commodity trading advisor, introducing broker, floor broker, or floor trader.

CFTC Heightened Enforcement Activity

On October 5, 2012, the Commodity Futures Trading Commission (Commission or CFTC) announced fiscal year 2012 enforcement statistics and case highlights, and identified for practitioners and market participants the Division of Enforcement’s (Division) likely 2013 priorities.1 In addition to fraud-based actions, the announcement brought attention to cases involving allegations of manipulation, false reporting, wash trades, exceeding position limits, and deficient customer fund safeguards and supervision obligations.

Keeping Current with Form 8-K: A Practical Guide 2012

We have prepared this Guide to assist public companies in understanding and complying with the Form 8-K reporting requirements. This Guide describes Form 8-K primarily from the perspective of a U.S. operating company that has a class of securities registered pursuant to Section 12 of the Securities Exchange Act of 1934 (the “Exchange Act”) and that is not a shell company, a smaller reporting company, a foreign private issuer, an asset-backed issuer or an investment company.

Regulators Issue Final Rules and Interpretations Further Defining Swap-Related Terms

After much anticipation, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) (together, the Commissions) on July 10 adopted joint final rules and interpretations further defining the terms “swap,” “security-based swap,” “security-based swap agreement” (SBSA), and “mixed swap” pursuant to Title VII of the Dodd-Frank Act (DFA).

CFTC's Final Rule on the End-User Exception to the Mandatory Clearing of Swaps

Commodity Futures Trading Commission Proposes Guidance on Cross-Border Application of Certain Swaps Provisions

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