This book provides the framework for a course in the law and regulation of derivatives. It is clear, concise and thorough, offering a user-friendly, easily teachable structure, while conveying an exciting insight into this field of law. Covered are both the long-standing regulatory regime for commodity futures and options and the regulatory regime for swaps mandated by the Dodd-Frank Act. Features: Examination of the contribution of derivatives to the Financial Crisis and the public policy considerations underlying the Dodd-Frank Act Study of the Commodity Futures Trading Commission (CFTC) and its jurisdiction over most derivatives Basic economic overview of derivatives and their function and descriptions of futures, forwards, options and the most common interest rate, foreign exchange, commodity, credit, and equity swaps The law and regulation applying to CFTC registrants, including designated contract markets, derivatives clearing organizations, futures commission merchants, introducing brokers, floor brokers, commodity pool operators, commodity trading advisors, swap dealers, major swap participants, swap data repositories, and swap execution facilities Focus on commodities fraud, market manipulation and the CFTCand’s enforcement authority, as enhanced by the Dodd-Frank Act Detailed description of the documentation of off-exchange derivatives and commonly-negotiated provisions Examination of the Bankruptcy Codeand’s treatment of derivatives Comparison of trading mechanics on traditional futures exchanges to trading mechanics on swap execution facilities, including with respect to custody of customer funds Discussions of prominent failures in the derivatives market, such as Peregrine Financial Corporation, MF Global and Lehman Brothers Comprehensive glossary of relevant terms

Now in its completely revised second edition, Derivatives Law and Regulation is a comprehensive and accessible casebook for law school futures, swaps, or derivatives classes. It provides a straightforward and thorough framework for a course in the law and regulation of derivatives. It is clear, concise, and user-friendly, conveying an exciting and easily teachable insight into this field of law. The casebook addresses the regulatory regimes for futures, options, and swaps of all varieties. It assumes no pre-existing knowledge of derivatives and the first chapter is dedicated to introducing what they are and their economic functions. Look for these key features: Basic economic overview of derivatives and their function, as well as descriptions of futures, forwards, options, and the most common interest rate, foreign exchange, commodity, credit, and equity swaps. Study of the jurisdiction over most derivatives conferred by the Commodity Exchange Act on the Commodity Futures Trading Commission (CFTC). The role of futures and swaps markets and their regulation, along with futures and swaps intermediaries and their regulation. The investment industry and derivatives. Examination of the contribution of derivatives to the Financial Crisis and the public policy considerations underlying the Dodd-Frank Act. Focus on transactions, including the documentation of swaps. Examination of the Bankruptcy Code's treatment of derivatives. Review of the CFTC's enforcement authority, as enhanced by the Dodd-Frank Act. The role of private rights of action. Cross-border issues and the regime for their resolution. Study of the Securities and Exchange Commission's role with respect to security-based swaps. Comprehensive glossary of relevant terms. "Gary Kalbaugh's book, Derivatives Law and Regulation (2nd edition), provides a gateway for students and practitioners to study and analyze derivative transactions and markets. The book's table of contents alone provides an important checklist for issues that need to be considered for every research project. The index, conversion tables, glossary and table of principal cases all provide access points to begin understanding and researching particular situations and scenarios. Kalbaugh's book enables the reader to study the trees all the while understanding the depth of the forest ... His writing and analysis is concise, complete and articulate precisely because he has had to resolve these issues daily for clients and then explain them to students in the evening." -- Dean Christian Johnson, Widener University Commonwealth Law School "Derivatives Law and Regulation is an excellent reference on this evolving subject not only for the experienced derivatives lawyer, but especially for practitioners who are dipping their toes into the commodity pool for the first time and for law school professors and their students taking a derivatives law course...Derivatives Law and Regulation is a comprehensive treatise, is the most readable book on the subject and should be the go-to assigned text in law school classes."-- Futures and Derivatives Law Report

This volume focuses on the legal risks arising in English law in the course of derivatives transactions. It discusses the following issues: the legal risks arising in the negotiation and conduct of derivatives transactions; the regulation of the derivatives market; the capacity to enter into derivatives transactions and the standard term upon which this is done; the consequences of default by a counterparty; and the standard terms on which derivatives are entered into, particularly the ISDA Master Agreement.

President Obama recently called for a new financial regulation system in the United States. In order to understand the intricacies of new regulation, individuals must have a strong foundation in how capital markets function as well as how financial instruments and derivatives work. Capital Markets, Derivatives, and the Law provides readers with the foundation necessary to make informed, well-reasoned decisions about capital market participation, derivative utilization, and adherence to existing and future regulations. This publication is an essential guide for attorneys and business professionals looking for an accessible resource to better understand the legal and business considerations of capital markets and derivatives transactions. This book offers expert insight into how derivatives work. The author also explores the structures of derivatives as well as how they are regulated and litigated. In the complex world of the current capital market upheaval, this book provides useful definitions, case law examples, and insight into structures, regulation, and litigation strategies.

This book provides a straightforward and up-to-date analysis of the wide range of issues surrounding the use of derivatives in common law countries. It is the only work of its kind that focuses on derivatives law and regulation in Australia, New Zealand, Singapore, Malaysia and Hong Kong. Topics covered include: the nature of derivatives key legal issues standard market documentation derivatives regulation recent market developments regulatory reform This work will be of significant interest to bankers, lawyers, regulators and academics wanting to gain a better understanding of this complex subject.

It is now widely recognized that an uncontrolled "derivatives revolution" triggered one of the most spectacular worst-case scenarios of modern times. This book - the most cogent legal analysis of the subject yet to appear in any language - lays bare the core role played by the failure to adequately regulate derivatives in the financial crisis of recent years. The author's insistence that derivatives must be viewed not as profit-seeking investments but as risk management tools - and his well-grounded prescriptions to ensure that they are regulated in that way - sheds clear light on the best way for companies, financial institutions, and hedge funds to move forward in their use of these useful but highly hazardous instruments. This book clearly shows how such elements as the following fit into the legal analysis of derivatives, and how proper regulation will preserve their usefulness and economic value: ; derivatives allow for the most efficient and cost-effective risk fractioning, hence risk taking, techniques ever conceived; derivatives allow for all measurable and identifiable risks that may exist in modern finance; the ability to isolate risks and insure against risk exposures is the key to the very survival of modern financial markets; risk buyers effectively take on financial exposure to various types of risk while hedgers unload unwanted exposures; derivatives allow domestic investors to acquire exposure to foreign markets without the necessity of dealing with foreign laws, foreign investments, currency exchange, or foreign fiscal regimes; derivatives increase social welfare by making it easier and less expensive to carry out many types of financial transactions; derivatives allow governments to insulate, manage, hedge or concentrate risks deriving from financial, meteorological, and even geopolitical exposure; and derivatives allow radical changes to financial and risk structure to be performed silently and rapidly. To the question: how do we ensure that a company trading derivatives is regulated effectively? this work offers a clear and convincing answer. The author's detailed recommendations for regulatory and corporate governance measures are designed to prevent excessive risk taking, the emergence of rogue traders, and ultimately the emergence of another systemic disturbance caused by chains of derivatives-related losses.

In this work, Christopher Chen examines and compares the regulation of over-the-counter derivatives in Hong Kong and Singapore, the two largest international financial centres in Asia Pacific. Chen analyses current or proposed regulations on trade reporting, centralised clearing and mandatory exchange trading mandates regarding OTC derivatives against the backdrop of reforms of international financial regulatory structure after the global financial crisis. The article also relates the reforms in Asia to development in major Western markets such as the US, the UK or the European Union. Apart from technical comparison and dissecting of content of rules from different angles, his work also examines the rationale behind those reforms and policy concerns behind Asian adoption of the regulatory mandates prescribed by G20 as well as potential policy concerns (such as competition and extraterritoriality) in a market that is dominated by Western banks.