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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.

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Derivatives

Bitcoin and Virtual Currencies: Welcome to Your Regulator

December 3, 2016 By ehansen

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

Filed Under: Derivatives Regulation, Featured, Financial Regulation, Home, Securities, U.S. Business Law, Volume 7 Tagged With: Bitcoin, Bitfinex, CEA, CFTC, Commodity, Commodity Exchange Act, Derivatives, Dodd-Frank, Financial Regulation, SEC, Spot Transaction

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

April 18, 2014 By wpengine

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

Filed Under: Derivatives Regulation, Featured, Home, U.S. Business Law, Volume 4 Tagged With: CFTC, Derivatives, Dodd-Frank, Financial Regulation, SEC, Title II of Dodd-Frank

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

December 4, 2013 By wpengine

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

Filed Under: Derivatives Regulation, Featured, Home, Securities, U.S. Business Law, Volume 4 Tagged With: Basel Committee on Banking Supervision, CFTC, Derivatives, Dodd-Frank, SEC, Swaps, swaps transactions

The Federal Reserve’s Supporting Role Behind Dodd-Frank’s Clearinghouse Reforms

April 20, 2013 By wpengine

Download PDF Colleen Baker* I. Introduction Trade—whether domestic or international and whether of goods, services, or financial assets—relies upon the exchange of money. The integrity of these “money flows” is critical to the smooth conduct of international exchange.[1] … [Read more...] about The Federal Reserve’s Supporting Role Behind Dodd-Frank’s Clearinghouse Reforms

Filed Under: Derivatives Regulation, Featured, Home, U.S. Business Law, Volume 3 Tagged With: Derivatives, Dodd-Frank, Federal Reserve, OTC

Clearinghouse Hope or Hype? Why Mandatory Clearing May Fail to Contain Systemic Risk

April 17, 2013 By wpengine

Download PDF Sean J. Griffith* Introduction The global financial crisis of 2007–2008 revealed faults in the ability of regulators worldwide to contain systemic risk. Blaming much of the crisis on derivatives, complex financial contracts that allow counterparties to trade … [Read more...] about Clearinghouse Hope or Hype? Why Mandatory Clearing May Fail to Contain Systemic Risk

Filed Under: Derivatives Regulation, Featured, U.S. Business Law, Volume 3 Tagged With: Clearinghouses, Derivatives, OTC, Swaps

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