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  • The Law of Derivative Structures in Canada ( June 2005 )
    McMillan Binch LLP

    Defining the scope of the law as it relates to derivatives is difficult given the extent of the market, the variety of market participants and the paucity of jurisprudence related to derivatives. Derivatives take two forms: (i) exchange-traded derivatives, which are traded on recognized exchanges, and (ii) over-the-counter ("OTC") derivatives, which are privately negotiated and customized bilateral contracts under which two parties agree to complete transactions specific to the parties, the obligations under which may only be transferred to a third party under the terms agreed to by the parties.
  • FCM Had No Duty to Liquidate When Customer Failed to Meet Margin Call ( June 1999 )
    Cadwalader, Wickersham & Taft LLP

    The New Hampshire Supreme Court recently held that a futures commission merchant ("FCM") had no duty to liquidate a.

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