U.S. House lawmakers introduced the bipartisan CLARITY Act of 2025 proposing a comprehensive regulatory framework for digital assets that would delineate agencies' oversight roles, establish a provisional registration regime...more
6/4/2025
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Assets ,
Financial Regulatory Reform ,
FinTech ,
Investment ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform
On April 17, 2025, the Commodity Futures Trading Commission's ("CFTC") operating divisions ("Divisions") provided guidance in an advisory on the criteria they will use when determining whether to refer self-reported...more
The Commodity Futures Trading Commission's ("CFTC") new enforcement advisory introduces several major changes in policy and a matrix helping those facing potential or actual CFTC investigations quantify the extent to which...more
In Short -
The Situation: In a December 13, 2023, Open Meeting, the Commodity Futures Trading Commission proposed amendments to the Commission's regulations concerning clearing member funds held by a derivatives clearing...more
In Short -
The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers. For this reason, many have...more
12/14/2023
/ Carbon Emissions ,
Carbon Pricing ,
CFTC ,
Derivatives ,
Designated Contract Markets (DCMs) ,
Energy Market ,
Financial Institutions ,
Financial Markets ,
Financial Services Industry ,
Greenhouse Gas Emissions ,
Investment ,
Proposed Guidance ,
Risk Management ,
SEFs
In Short -
The Situation: The civil action of the Commodity Futures Trading Commission ("CFTC") against Archegos Capital Management LP and its CFO is but one of many civil and criminal matters arising out of Archegos's...more
9/28/2023
/ CFTC ,
Consumer Protection Act ,
Dodd-Frank ,
Enforcement Actions ,
ETFs ,
Exchange-Traded Products ,
Financial Markets ,
Fraud ,
Jurisdiction ,
Regulatory Authority ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Security-Based Swaps
A group of seven U.S. senators have written a letter to the Commodity Futures Trading Commission ("CFTC"), expressing concerns with the integrity of the carbon credit markets and urging the CFTC to investigate and regulate...more
In this latest White Paper on our Bill analysis, we underscore headline proposals in the Lummis-Gillibrand Responsible Financial Innovation Act (the “Bill”) regarding consumer protection standards (Title V) and cybersecurity...more
In "Digital Assets Defined: How Lummis-Gillibrand Will Shape the Coming Fintech Debate," we provided a high-level overview of the Responsible Financial Innovation Act (the "Bill") and examined some of its significant...more
In Short -
The Situation: Following the release of the Responsible Financial Innovation Act (the "Lummis-Gillibrand Bill"), four senators on the Senate Committee on Agriculture, Nutrition, and Forestry released their own...more
On June 7, 2022, U.S. Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R-WY) introduced the Responsible Financial Innovation Act (the "Bill"), which proposes a regulatory framework for digital assets across nine titles...more
Executive Order directs whole-of-government approach and broad regulatory effort.
On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more
The Situation: The Commodity Futures Trading Commission ("CFTC") has established a new unit dedicated to addressing climate risk in the financial system, providing yet another example of financial services regulators...more
The Situation: Since the Supreme Court decided Morrison v. National Australia Bank Ltd. ("Morrison") in 2010 and rejected the Second Circuit's "conduct and effects test," the Second Circuit has grappled with the issue of...more
10/9/2019
/ CFTC ,
Commodities Traders ,
Cross-Border Transactions ,
Derivatives ,
Dodd-Frank ,
Domestic Securities Transaction ,
Domestic Transactions ,
Extraterritoriality Rules ,
Fraudulent Transfers ,
Regulatory Requirements ,
Rule 10(b) ,
Securities ,
Securities Exchange Act ,
Securities Traders
The Situation: The International Swaps and Derivatives Associations, Inc. ("ISDA") is in the process of amending its credit derivatives documentation to address concerns market participants and regulators have raised...more
ISDA proposes "de facto" category of original issue indebtedness as part of its CDS definitional reforms.
On May 24, 2019, the International Swaps and Derivatives Association ("ISDA") published another credit default swap...more
The Advisory is part of the agency's broader commitment to provide "incentives for companies and individuals to engage in ethical corporate behavior."
On March 6, 2019, the U.S. Commodity Futures Trading Commission...more
The Situation: The International Swaps and Derivatives Association ("ISDA") has published proposed changes to the 2014 Credit Derivatives Definitions ("Definitions") that are meant to address issues relating to narrowly...more
2018 was an interesting year for market participants subject to the Commodity Exchange Act ("CEA"), with federal appellate courts issuing three noteworthy decisions involving claims under the CEA. The Commodity Futures...more
2/5/2019
/ CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Dodd-Frank ,
Enforcement Actions ,
Foreign Exchanges ,
Fraud ,
Insider Trading ,
Jurisdiction ,
Market Manipulation ,
Securities Exchange Act ,
Trial Court Orders
The Situation: Judge Richard Sullivan of the Southern District of New York ("SDNY") recently issued a post-trial decision in a market manipulation action brought by the Commodity Futures Trading Commission ("CFTC") in...more
Commodity brokerage firms need to be vigilant as the CFTC signals increased policing and prosecution of insider trading.
The Commodity Futures Trading Commission ("CFTC") filed a complaint on September 28, 2018, in the...more