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Commentary by Nihal Patel

SEC Commissioner Hester Peirce laid out an agenda for implementing the agency's security-based swap rules under Title VII of Dodd-Frank. Ms. Peirce said that the SEC should act "expeditiously" to complete the rules necessary to trigger the registration of security-based swap dealers ("SBSDs"). In remarks before the 2018 ISDA Annual North America Conference, Ms. Peirce outlined a series of principles and initiatives that should guide the SEC as it seeks to complete the rulemaking for, and implementation of, the statutory scheme for the regulation of security-based swaps and SBSDs. Ms. Peirce

Dorothy Mehta Commentary by Dorothy Mehta

Based on the information and suggestions that the CFTC received as part of its Project KISS, the CFTC proposed simplifying regulatory obligations for CPOs and CTAs by codifying staff advisories and no-action letter relief in the CFTC Part 4 regulations. The CFTC proposed: (i) registration exemptions for CPOs that solicit and/or accept funds from only non-U.S. persons for participation in offshore commodity pools, (ii) allowing the U.S.-based CPO of an offshore commodity pool with U.S. participants to maintain the commodity pool's original books and records in the offshore location of the pool

In remarks at the 2018 Federal Reserve Stress Testing Research Conference, Federal Reserve Bank of New York Executive Vice President and Director of Research Beverly Hirtle reviewed (i) the evolution of stress testing on regulatory capital ratios and (ii) how the significant design choices that were made led to the stress test becoming a key supervisory policy tool. Ms. Hirtle recommended areas for new research that could help advance the development of stress test modeling.

Two professors of business law petitioned the SEC to require public companies to disclose environmental, social and governance ("ESG") information. In their petition, Cynthia A. Williams from York University and Jill E. Fisch from the University of Pennsylvania Law School set out six arguments to support the petition: The SEC has clear statutory authority to require the disclosure of ESG information, and doing so will promote market efficiency and protect American public companies, as well as U.S. capital markets; ESG information is material to many investors; Public companies have trouble