Derivatives

Second Circuit Affirms Enforceability of Swaps’ Flip Provisions

By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …

By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …

By Erika D. White and Donald S. Bernstein of Davis Polk & Wardwell LLP. The U.S. banking agencies have issued rules that …

By Rohan Ganduri (Goizueta Business School, Emory University) In April 2005 Congress expanded the range of bankruptcy …

On May 23, bankruptcy and financial scholars submitted a letter to members of Congress opposing the Financial CHOICE Act’s …

By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …

Stephen J. Lubben Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of …

By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …

By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …

By Steven L. Schwarcz, Duke University School of Law Professor Schwarcz examines whether the bankruptcy “safe harbor” for …

Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …

Authors: Steven L. Schwarcz and Ori Sharon Bankruptcy law gives creditors in derivatives transactions a “safe harbor” in the form …

Authors: Kathryn Borgeson, Mark Ellenberg, Lary Stromfeld, John Thompson On December 19, 2013, Judge James M. Peck of the United …