Dodd Frank Update — Several Developments of Note:

CFTC PROPOSES EXTENSION OF ITS TEMPORARY EXEMPTIVE RELIEF FOR SWAP REGULATIONS:

The Commodity Futures Trading Commission (CFTC) proposed an amendment to its order of July 14, 2011, providing temporary exemptive relief from the Dodd-Frank Act (Dodd-Frank) requirements related to swaps as a result of the delay in the adoption of final rules relating to derivatives. First, the CFTC proposes to extend the expiration dates under the July 14th order for provisions of Dodd-Frank that become effective automatically in July 2011 or provisions that were “self-effectuating” due from December 31, 2011, to the earlier of (i) July 16, 2012, or (ii) the date on which the applicable definitions become final and effective. Secondly, subject to certain conditions, the CFTC’s amendment proposes further temporary relief for swap transactions that currently meet the conditions of CFTC’s exemptive regulations for swap agreements. The CFTC’s proposal would allow swap transactions that are within the scope of the swap exemptions as of December 31 to remain subject to temporary exemptive relief until the earlier of July 12, 2011, or such time as the CFTC determines subject to certain conditions. Comments to the proposed amendments can be submitted to CFTC until November 25, 2011. Click here for the text of the proposed amendment.

REGULATORS PROPOSE VOLCKER RULE:

As discussed in last week’s newsletter, the Federal banking agencies and the SEC are requesting comments on their proposal to implement what is commonly known as the Volcker Rule. For more information on this proposed regulation, please view the GT Alert prepared by Carl Fornaris, Genna Garver and Daniel Blanchard, which discusses the proposal’s general prohibition by any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or private equity and its related exemptions.

National Law Review, Volume I, Number 304