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Why Should Private Equity Firms Care About the Recent Changes to Commodity Laws?
Prior to the Dodd-Frank Act, “commodity interests” included futures contracts, options on futures contracts, and options on commodities. As a result, most private equity firms did not need to concern themselves with commodity laws. However, the Dodd-Frank Act added the term “swap” to the existing list of commodity interests, which is a broadly defined concept that includes most over-the-counter derivatives contracts. A recent Ropes & Gray LLP publication explores how those changes will affect private equity firms.