2010 Derivatives Rulemaking Wrap-Up (Part 1)

Over the past several months, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) have been actively seeking public comment and proposing rules as part of the regulatory overhaul of the derivatives markets mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank). As we await final rules to be published in 2011, which will implement and (hopefully) clarify uncertainties in the statutory provisions of Dodd-Frank, we summarize below the principal actions taken by the regulators during the last half of the year.

On August 13, 2010, the CFTC kicked off its rulemaking initiatives by issuing an advance notice of rulemaking seeking public comment on various definitions.