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Publications

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Publications

REGULATORY

“Rights of Derivatives Counterparties to Insolvent Insurers” 
Futures and Derivatives Law Report (March 2014)

“How Hedge Funds Will Be Affected By Title VII of Dodd-Frank”
Futures and Derivatives Law Report (January 2012)

“Hedge Funds and The Wall Street Act”
Derivatives Week (July 19 and 26, 2010) (part 2)

“Comparing Credit Default Swaps to Insurance Contracts: Did the New York State Insurance Department Get It Right?”
Futures and Derivatives Law Report (December 2008)

“The Line of Business Representation Is Alive and Well”
Derivatives Week (February 6, 2006)

 

INSOLVENCY

"Rights of Derivatives Counterparties to Insolvent Insurers"
Futures and Derivatives Law Report (March, 2013)

“Metavante vs. Section 2(a)(iii)(1) of the ISDA Master Agreement: The Context is Everything”
Futures and Derivatives Law Report (April 2011)

“Enforceability of Triangular Setoff Rights in Safe Harbor Contracts – Still an Open Question”
Derivatives Week (June 22 and 27, 2009) (part 2)

“Protecting Collateral Against Bank Insolvency Risk”
Derivatives Week (September 8 and 15, 2008)(part 2)

“Partnership Member Changes and Bermuda Close-Out Netting”
Derivatives Week (November 10, 2006)

“Termination and Setoff Rights in Derivatives Transactions under State Insurance Insolvency Laws”
California Bankruptcy Journal (2005)

“The Impact of State Insolvency Laws on Termination and Set-off Rights in Derivatives Transactions with U.S. Insurance Companies”
Futures and Derivatives Law Report (June 2003)

“Chapter 11: Not the End of the Story”
Risk (October 2002)

 

DOCUMENTATION AND MARKET PRACTICE

“How Dodd-Frank Has Changed the Documentation Needed for Entering Into OTC Derivatives”
(July 2015)

“How To Negotiate A Clearing Agreement” 
(May 2013)

“Six Key Points to Consider When Negotiating ISDA Master Agreement”
Derivatives Week (February 4, 2008)

“Choice of Law Provisions for Derivative Counterparties”
Derivatives Week (April 24, 2006)

“The Importance of Consent-to-Record Provisions in ISDA Master Agreements”
Derivatives Week (February 7, 2005)

“Do End-Users Benefit from Entering into ISDA Master Agreements?”
Derivatives Week (July 5 and 12, 2004)

“The Enforceability of Electronic Signatures”
Derivatives Week (March 22, 2004)

“Severability Clauses: Is Half a Loaf Always Better than None?”
Derivatives Week (March 24, 2003)

“Eternity v. Morgan Guaranty: When Does Reliance Give Rise to a Claim?”
Derivatives Week (March 3, 2003)

“The Importance of Being Specified – Designating Affiliates”
Derivatives Week (December 23, 2002)