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U.S. CFTC's cross-border swaps rules challenged in suit by global banks

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Four international trade associations representing the world's largest banks today filed a lawsuit seeking to block U.S. cross-border derivatives rules. They claim that the Commodity Futures Trading Commission (CFTC) has circumvented legal requirements for rulemaking by characterizing regulations as "guidance". The outcome of the dispute will impact how new derivatives rules are imposed in the U.S. and globally. The most significant lawsuit against Dodd-Frank rulemaking comes at a pivotal time for the agency. Gary Gensler is due to step down as chairman in January on completion of an aggressive five-year term that was characterized by a faster and high volume of rulemaking than other regulators. President Obama's nomination of Timothy Massad as successor may lead to a more conciliatory approach by the agency. The lawsuit was brought jointly by the Securities Industry and Financial Markets Association (SIFMA), the International Swaps and Derivatives Association (ISDA) and the Institute

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