David S. Mitchell, Robert M. McLaughlin, William J. Breslin, Victoria T. Mazgalev and Scott I. Golden
To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping requirements…
Abstract
Purpose
To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping requirements for all records required to be kept pursuant to the Commodity Exchange Act (“CEA”) and Commission regulations.
Design/methodology/approach
This article discusses the significant May 2017 amendments to CFTC Rule 1.31 and the practical impact of these amendments for entities subject to the rule’s requirements.
Findings
The CFTC’s recordkeeping amendments do not impose any new substantive recordkeeping requirements, but modernize and make technology neutral the form and manner in which regulatory records must be kept. By eliminating a number of prescriptive and outdated requirements, the amendments should provide greater flexibility to “records entities” to adopt new technologies in response to evolving technological developments.
Originality/value
Practical guidance from experienced commodities, futures and derivatives lawyers.
Details
Keywords
Frederik Reinder Hak and Karin Sanders
The purpose of this paper is to argue that the adaptation of the principled negotiation approach within organizations demonstrates similarities with the adaptation of…
Abstract
Purpose
The purpose of this paper is to argue that the adaptation of the principled negotiation approach within organizations demonstrates similarities with the adaptation of evidence-based management and is the result of cognitive biases and cultural values instead of specific and conscious choices within the adopted negotiation style.
Design/methodology/approach
The adaptation of principled negotiation and evidence-based management are considered as a lack of willingness to be innovative at the organizational level, and when these ideas are introduced will meet resistance.
Findings
The analysis of the principled negotiation approach as an approach which – similar to evidence-based management – is vulnerable to cognitive biases and cultural values offers a solution on how to effectively adapt this approach within organizations.
Research limitations/implications
Implications for research include a research design to test the assumptions of this paper to consider principled negotiations and evidence-based management approaches as innovative approaches.
Practical implications
Organizations and decision makers within organizations can benefit from the analysis in this paper.
Social implications
Companies and parties in a negotiation phase can benefit from the analysis by paying attention to the cognitive biases and cultural values of the other parties rather than paying attention to the first offer and the choices made in the negotiation.
Originality/value
This is the first paper to analyze principled negotiations from an evidence-based management perspective.
Details
Keywords
Patricks. Calhoun and William P. Smith
The current study examined the effects of gender and motivation on negotiation strategy and outcome. It was hypothesized that findings suggesting that women obtain lower joint…
Abstract
The current study examined the effects of gender and motivation on negotiation strategy and outcome. It was hypothesized that findings suggesting that women obtain lower joint outcomes from integrative bargaining than men may result from women, but not men, entering negotiation settings with a high level of concern for the other's outcomes. Drawing on the dual concern model of Pruitt and his colleagues, it was predicted that situationally induced high self‐concern would result in high joint outcomes for female dyads—ay high as those for male dyads under any conditions. Male dyads were expected to require situationally‐induced self‐ and other‐concern to reach optimal joint outcomes. Where there was no situationally induced concern for either self or other, male dyads were expected to obtain higher joint outcomes than female dyads. Results from dyads bargaining in a laboratory setting were generally supportive of predictions, except that men tended to do well but for where other‐concern alone had been situationally induced. Discrepant findings are discussed in terms of the generally low level of antagonism present in these dyads.
Walid Khuri, Robert M. McLauglin, David S. Mitchell and David W. Selden
To provide an overview of a new, streamlined process from the Division of Swap Dealer and Intermediary Oversight (DSIO) of the Commodity Futures Trading Commission (CFTC) by which…
Abstract
Purpose
To provide an overview of a new, streamlined process from the Division of Swap Dealer and Intermediary Oversight (DSIO) of the Commodity Futures Trading Commission (CFTC) by which a commodity pool operator (CPO) may request expedited no-action relief for failure to register under Section 4m(1) of the Commodity Exchange Act if such CPO has designated another, registered CPO to serve as the CPO of the commodity pool.
Design/methodology/approach
Explains the background to the CPO registration no-action relief related to CPO delegation and the streamlined process for requesting no-action relief, including the procedure for requesting relief and the applicable criteria that must be satisfied to utilize the streamlined process.
Findings
By providing an alternative, streamlined process for requesting no-action relief from CPO registration in the context of delegation arrangements in certain circumstances, the CFTC staff is attempting to facilitate obtaining such relief, particularly since relief may be sought on behalf of multiple commodity pools by means of a single request. However, the criteria that must be fulfilled in order to utilize the streamlined process are not necessarily applicable to all CPOs and in all scenarios. Thus, certain CPOs may need to request no-action relief outside of the new, streamlined process or consider alternative fund structures.
Originality/value
Practical guidance from experienced asset management lawyers.
Details
Keywords
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐18; Journal of Property Investment & Finance Volumes 8‐18; Property Management Volumes 8‐18; Structural Survey Volumes 8‐18.
Much writing on dissenting intellectuals posits a uniform relationship between autonomy from the popular element and social influence. The case of U.S. poets from 1930 to 1975…
Abstract
Much writing on dissenting intellectuals posits a uniform relationship between autonomy from the popular element and social influence. The case of U.S. poets from 1930 to 1975 challenges this, as dissenting poets' sphere of influence grew during the hegemony of populist as well as antipopulist movements. In order to account for this, this chapter draws on the conceptualization of autonomy as a process whose parameters are mutually irreducible and potentially contradictory. Where these parameters are more or less fully synchronized, dissenting intellectuals face a united bloc of opponents that they cannot divide; therefore, they need to fight all of these opponents simultaneously. Where there is little such synchronization, in contrast, they can negotiate temporary alliances with some of their foes, use these alliances to secure gains in more important fronts, and revise their alliances as circumstances change. Twentieth-century United States, this chapter argues, was an example of the latter kind of setting. Dissenting poets were able to use universities and popular element against one another, depending on how they saw their overall situation. When autonomy from universities mattered most, they reclaimed the popular element; when autonomy from the popular element mattered most, they set aside their differences with university administrators and joined the academic ranks. This distinction between greater and less synchronization of the powers, the chapter argues, has implications for political sociology beyond the study of intellectuals.