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In a recent Law360 article, Sutherland Partner Frederick R. Bellamy comments on the recently approved U.S. Commodity Futures Trading Commission’s definitions of "swaps" that generally exclude traditional insurance products from derivatives regulation under the Dodd-Frank Act. Critics of the final rules claim that the new definitions, which differ from state regulatory definitions, could cause differences in interpretation and lead to confusion in the market. In the article, Fred notes that products that don’t meet the new definition are not necessarily swaps; such products would be considered under an individual analysis of the facts and circumstances to determine if they are swaps or insurance.
To read the article in full, click here.