Monday, October 24, 2016

ISDA Says it's Time to Revamp the Derivatives Markets

Author: David Schwartz J.D. CPA

The fast pace and broad scope of new regulation are driving participants in the complex derivatives markets to adapt quickly. Layers of old infrastructure and practices built up over time need to be overhauled to keep up with new regulation, technological change, and overall structural changes in derivatives markets.  In a September 15, 2016 white paper, the International Swaps and Derivatives Association, Inc. (ISDA) has called for greater standardization and automation of derivatives trade processes in order to improve efficiency, reduce complexity, and lower costs for market participants.  According to ISDA’s chief executive Scott O’Malia, "More recently, the sheer pace of regulatory change has meant firms have been under pressure to tackle the next pressing deadline. The result is a derivatives infrastructure that is duplicative and based on incompatible operating standards, and this isn’t sustainable.”  The white paper identifies a number of ways the ISDA proposes to automate and streamline the significant reporting, trading, clearing and collateral management requirements that have emerged as a result of regulatory changes. In addition, the paper highlights areas where greater standardization and investments in technology, like blockchain, can make traded processing faster, more efficient, and more cost-effective at all stages of derivatives trading.

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Wednesday, October 19, 2016

Rare Win in Court for Wall Street Bank

$1bn Lawsuit Tests the Limits of Suitability

Author: David Schwartz J.D. CPA

On October 14, 2016, London’s High Court of Justice handed down a ruling in favor of the UK subsidiary of Goldman Sachs, ending a three-year challenge by the US$60 billion Libyan Investment Authority (LIA).  The decision comes after a judge rejected claims by the sovereign wealth fund that the bank's nine synthetic derivatives, crafted in 2007 and 2008, were intended to be so complex as to exploit its staff's limited financial know-how. The bank's willingness to defend itself not only reverses a long string of out-of-court settlements by Wall Street banks, but may also stiffen the resolve of other banks' legal staffs. LIA's claims rest upon a theory of suitability that will no doubt be tested further in the post-reform litigation era. 

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Sunday, October 2, 2016

Reforming the Asset Management Industry is a Global Challenge

Author: David Schwartz J.D. CPA

SEC Chairman Mary Jo White used the occasion of her keynote speech a the September 21, 2016 International Bar Association’s annual conference to address some the challenges the Securities and Exchange Commission faces in regulating an ever more global asset management industry.  With U.S.-registered asset managers increasing their activities in Europe, Africa, and Asia Pacific, the SEC has partnered with IOSCO, the FSB, and others to take transformative steps to modernize regulation of the asset management industry on a more global scale.

 

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Monday, September 19, 2016

Has Crisis Regulation Made Banks Less Safe?

Regulations Based on Flawed Assumptions May Make Banks Riskier

Author: David Schwartz J.D. CPA

The response to the financial crisis was a raft of new regulation aimed at reducing the risks posed by financial institutions. But now with strict new liquidity and leverage ratios, increased capital requirements, and restrictions on banking activities versus investing activities, are banks safer than they were prior to the crisis?  In a paper published for the September 15 and 16, 2016 BPEA conference, Harvard’s Natasha Sarin and Larry Summers try to answer that very question. 

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Friday, September 9, 2016

GFMA Measures the Costs of Basel Reforms

Recommends a Period for Observation and Adjustments to Basel Rules

Author: David Schwartz J.D. CPA

On August 10, 2016, the Global Financial Markets Association (GFMA) released a comprehensive analysis of the potential costs of the new Basel standards on lending and capital markets. The report was conducted by Oliver Wyman, a  leading global management consulting firm, on behalf of GFMA and represents a comprehensive review of the existing literature on the effects of the Basel III standards on capital markets and banking activities. Given the volume and rapidity of regulatory changes in response to the financial crisis and the complexity of the global financial system, GMFA felt it was necessary to have a better understanding of the costs of reforms, both intentional and unintentional.  

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