"Derivatives and certain other off-balance sheet contracts enjoy special legal protection on insolvent counterparties through a process referred to as 'close-out netting.' This paper explores the legal status and economic implications of this protection. While this protection benefits major...

A review of the Dodd-Frank rulemaking projects suggests that the U.S. has entered into a “race to the top” of over-the-counter derivative regulation. Many of the Dodd-Frank statutes and proposed rules go well beyond the relatively modest objectives agreed to by the G20 countries in 2009....

Congress is currently debating whether to mandate the clearing of buy side OTC derivatives. Such an action, however, represents a seismic and unproven shift in how OTC derivatives function and how they are traded, processed and assessed, especially with respect to the highly customized products...