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US and English courts differ over broker-dealer bankruptcy on out-of-the-money swap

Hedge Funds Review - Hedge funds should keep in mind differences in US and English regimes when structuring swap transactions and the disparate results possible under law if a broker-dealer swap counterparty is insolvent.

Hedge funds rely on broker-dealers to provide an array of services and products including over-the-counter swaps. Historically, when a hedge fund entered into a swap with a broker-dealer, the failure of the broker-dealer was a remote concern.

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