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Law firm of the year: Davis Polk and Wardwell
Australian trading platform Yieldbroker was snared by the notorious footnote 88 last year. Its lawyers, Davis Polk, found the way out
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Prior to September 2013, bond and swap trading platform Yieldbroker was not well-known beyond its user base in Australia and New Zealand. Then, it was suddenly dragged onto the global stage, becoming a test case for cross-border derivatives reform.
The platform was caught by footnote 88 of the Commodity Futures Trading Commission’s (CFTC) final rules on swap execution facilities (Sefs) – a kind of regulatory ambush, according to its critics – which required all venues to register with the agency
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