Implementing the CFTC Regulations under Dodd-Frank

The Commodity Futures Trading Commission (CFTC) has been working feverishly to finalize all the regulations required by <em>The Dodd-Frank Wall Street Reform and Consumer Protection Act</em> (Dodd-Frank). Unfortunately, several of the most important required regulations for energy trading have not been issued until recently, such as the definition of &quot;Swap&quot;, which is fundamental to the statute and to most of the regulations that have been issued there under. In addition, some of the regulations, such as those requiring swaps to be &quot;cleared&quot;, will be phased-in over a period of time, depending on the parties and swaps involved. Notwithstanding the foregoing, some of the regulations promulgated under Dodd-Frank have been final and effective for some time - such as the anti-manipulation regulations. Accordingly, each participant in the energy trading business needs to have a detailed implementation plan, which implements the rules that are effective, and contemplates and phases-in the regulations that become effective over time. Mogel &amp; Sweet can provide assistance in understanding the Dodd-Frank regulations, and the implementation thereof for your company.