Capital Markets, Derivatives, and the Law: Positivity and Preparation

by Alan N. Rechtschaffen

Overview

Dramatic failures in individual markets and institutions sparked a global financial crisis that resulted in political, social, and economic unrest. In the United States, a host of legislative acts have completely reshaped the regulatory landscape. Capital Markets, Derivatives and the Law: Positivity and Preparation investigates the impact of the financial crisis on capital markets and regulation. With an emphasis on the structure and the workings of financial instruments, it considers market evolution after the crisis and the impact of Central Bank policy. In doing so, it provides the reader with the tools to recognize vulnerabilities in capital market trading activities. This edition serves as an essential guide to better understand the legal and business considerations of capital market participation. With useful definitions, case law examples, and expert insight into structures, regulation, and litigation strategies, Capital Markets, Derivatives and the Law: Positivity and Preparation offers readers invaluable tools to make prudent, well-informed decisions.

Product Details

ISBN-13:	9780190879655
Publisher:	Oxford University Press
Publication date:	04/30/2019
Sold by:	Barnes & Noble
Format:	eBook
Pages:	496
File size:	3 MB

About the Author

Alan N. Rechtschaffen is a senior member of The Rechtschaffen Group at a top tier financial institution. He has over 20 years' experience in the capital markets. He is an adjunct professor of law at New York University, and has held several public offices. Foreword Preface Acknowledgments Introduction Chapter 1: The financial crisis: sowing the seeds of new regulation Chapter 2: Financial instruments in the capital markets Chapter 3: Using financial instruments Chapter 4: Securities regulation Chapter 5: Understanding interest rates and the economy Chapter 6: Asset valuation Chapter 7: United states treasury securities Chapter 8: Debt securities Chapter 9: Derivatives Chapter 10: Types of swaps Chapter 11: Regulation of swaps Chapter 12: Fiduciary obligation to manage risk Chapter 13: The History and Powers of the CFTC Chapter 14: Litigation issues Chapter 15: Suitability Chapter 16: Options Chapter 17: Synthesis and Conclusion Chapter 18: Fiduciary Obligation to Manage Risk Chapter 19: Litigation Issues Chapter 20: Synthesis and Conclusion Appendix Index

Table of Contents

Foreword Preface Acknowledgments Introduction Chapter 1: The financial crisis: sowing the seeds of new regulation Chapter 2: Financial instruments in the capital markets Chapter 3: Using financial instruments Chapter 4: Securities regulation Chapter 5: Understanding interest rates and the economy Chapter 6: Asset valuation Chapter 7: United states treasury securities Chapter 8: Debt securities Chapter 9: Derivatives Chapter 10: Types of swaps Chapter 11: Regulation of swaps Chapter 12: Fiduciary obligation to manage risk Chapter 13: The History and Powers of the CFTC Chapter 14: Litigation issues Chapter 15: Suitability Chapter 16: Options Chapter 17: Synthesis and Conclusion Chapter 18: Fiduciary Obligation to Manage Risk Chapter 19: Litigation Issues Chapter 20: Synthesis and Conclusion Appendix Index

Editorial Reviews

"Given the importance of clear communication and understanding in the financial markets, it is indeed timely and relevant to have the second edition of Professor Rechtschaffen's book available now. Alan Rechtschaffen is an expert in the capital markets; his insights are extremely valuable. Professor Rechtschaffen has a unique ability to explain enormously complex legal and financial subjects in a clear and concise way. His book encourages the reader to apply the lessons learned during the financial crisis to market opportunities and regulation today. Alan's reasonable approach is a valuable guide to anyone who might have an interest in capital market trading activities." - Ben S. Bernanke

"Capital Markets, Derivatives and the Law: Evolution After Crisis is a remarkable and extremely useful instrument in the hands of professionals to understand the legal and business considerations of derivatives transactions." - Jean Claude Trichet, Former President of the European Central Bank, 2003-2011
(From the Foreword)

"Capital Markets, Derivatives and the Law is a great introduction to the often obscure world of financial instruments. From debt to equity to derivatives, Alan Rechtschaffen provides an accessible explanation of how these instruments work in the real world. Students and practitioners who want to understand these instruments will all benefit from his accessible book." - Donald Marron, Former Member of the President's Council of Economic Advisers, Former Acting Director of the Congressional Budget Office

"Alan Rechtschaffen's book, Capital Markets, Derivatives and the Law, is a fascinating analysis of modern capital markets, drawing on insights from law, economics, political science, history, and sociology. As an educator, attorney, policy adviser, and market participant, Rechtschaffen offers a unique perspective on important questions of public policy. Combining economic and legal scholarship while encouraging discussion of today's headlines, this book is of interest to academics, practitioners, bankers, regulators, and anyone else who wants to understand our complex, rapidly evolving capital markets." - Geoffrey P. Miller
Stuyvesant P. Comfort Professor of Law
Director, Center for the Study of Central Banks and Financial Institutions

"One of the leading academics and practitioners in the evolving arena of derivative products presents a clear, understandable explanation of these financial instruments and their relevance and impact on capital markets and the global financial crisis. A must read for anyone trying to understand today's business headlines." -Kenneth Raisler, Head of Commodities, Futures and Derivatives Group, Sullivan & Cromwell; Former General Counsel, CFTC
Former Member, Working Group of The Group of Thirty Derivatives Project

"Alan Rechtschaffen has written an essential book for lawyers working on matters related to financial markets in the wake of the crisis. Capital Markets, Derivatives and the Law is a one-stop source of knowledge about the financial instruments involved in the crisis and the case law to deal with them. It brings together law and financial markets in a way that adds enormous value in both directions. Lawyers and financial market participants will want to read this book." - Phillip Swagel, Professor, McDonough School of Business, Georgetown University; Former Assistant Secretary, U.S. Treasury

"Capital Markets, Derivatives and the Law is a thoughtful, well-informed, and for the most part clearly written guide to the complexities of Dodd-Frank, of the fiduciary obligation to manage risks, and of the sorts of litigation that arise from the world of regulation and its struggles with the realities of derivatives." - Christopher Faille, Author, The Federal Lawyer

From the Publisher