Harvard Business Law Review (HBLR)

The Harvard Business Law Review (HBLR) aims to be the premier journal covering the laws of business organization and capital markets. HBLR will publish articles from professors, practitioners, and policymakers on corporate law and governance, securities and capital markets law, financial regulation and financial institutions, law and finance, financial distress and bankruptcy, and related subjects.

CFTC

Bitcoin and Virtual Currencies: Welcome to Your Regulator

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Download PDF Matthew Kluchenek† I.               Introduction Among all the U.S. regulators interested in regulating Bitcoin and virtual currencies, the Commodity Futures Trading Commission (CFTC) is determined to be at the forefront. Since the announcement by CFTC … [Read more...] about Bitcoin and Virtual Currencies: Welcome to Your Regulator

New Margin Requirements for Uncleared Swaps

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Download PDF Craig Stein & Paul N. Watterson, Jr.* One of the fundamental changes that the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”)[1] made in the financial markets has been to force most over-the-counter swap transactions onto … [Read more...] about New Margin Requirements for Uncleared Swaps

The Status of Environmental Commodities Under the Commodity Exchange Act

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Download PDF Matthew F. Kluchenek* This article examines the role of the Commodity Futures Trading Commission (“CFTC”) in regulating transactions in environmental commodities, such as renewable energy certificates (“RECs”), emissions allowances, carbon offsets and carbon … [Read more...] about The Status of Environmental Commodities Under the Commodity Exchange Act

An Evaluation Of The U.S. Regulatory Response to Systemic Risk and Failure Posed by Derivatives

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Download PDF Kimberly Summe* Derivatives, understood by few but disparaged by many, are often blamed for the collapse of the United States economy in the wake of Lehman Brothers’ bankruptcy in September 2008.[1] A legislative response to the crisis was inescapable and on … [Read more...] about An Evaluation Of The U.S. Regulatory Response to Systemic Risk and Failure Posed by Derivatives

The CFTC’s Cross-Border Guidance for Swaps and Substituted Compliance Regime

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Download PDF James Schwartz* The derivatives market was seen as having contributed substantially to the financial crisis of 2007–08.[1] This led to efforts to regulate derivatives in many of the countries in which their use was commonplace.[2] Historically, the swaps market … [Read more...] about The CFTC’s Cross-Border Guidance for Swaps and Substituted Compliance Regime