Morrison & Foerster discusses Final Interpretation Regarding Forward Contracts with Embedded Volumetric Optionality Issued by CFTC and SEC

On May 12, 2015, the Commodity Futures Trading Commission (“CFTC”) and Securities and Exchange Commission (“SEC”) jointly issued the CFTC’s final interpretation clarifying its interpretation concerning forward contracts with embedded volumetric optionality (“Final Interpretation”). The Final Interpretation appears to signal …