Category: Swaps & Derivatives

A New Test on Shareholder Derivative Claims: Delaware Supreme Court opinions in the Zuckerberg

BY: Eugena Liu, RBFL Editor On September 23, 2021, in the United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, the Delaware Supreme Court adopted a new three-part test as a universal test in determining demand futility. The Zuckerberg test combined the Aronson and Rales, two governing demand […]

CFTC Cuts Back Registration Requirements for Cross-Border Derivatives

By Jake Schanne, RBFL Student Editor The Commodities Future Trading Commissions (CFTC) issued a Final Ruling on July 23, 2020 removing registration requirements for swap dealers and major swap participants. The Ruling replaced a 2013 Guidance that had technically been unenforceable, but was largely followed. The decision was issued 3-2 in a partisan split with […]