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

For over a quarter century, Commodities Regulation has been recognized as the resource covering the derivatives marketplace. Today, Derivatives Regulation builds on that expertise, delivering the coverage professionals and practitioners need in order to stay current with this changing topic. Derivatives Regulation comprehensively covers the Commodity Exchange Act along with all other relevant aspects of the regulation of securities that have an impact on the derivatives markets. Derivatives Regulation is completely updated to cover the full range of emerging regulatory, reporting, and legal issues surrounding derivatives and related instruments, including: Distinguishing between regulated and unregulated derivatives�and knowing which rules to apply The significant roles of the SEC and the federal laws in regulating derivatives Meeting standards for exemption or other relief The workings of the derivatives markets and the rules applicable to trading Registration, reporting, and disclosure requirements applicable to commodities professionals Criteria for publicly traded futures and commodity options Rules governing unprofessional conduct, including the antifraud and anti-manipulation prohibitions Customer protections, the CFTC�s reparations program, arbitration programs, and private rights of action in the courts

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.