A 2024 CFTC enforcement action settlement that may have introduced a new test for when the Commodity Exchange Act and the agency's regulations apply on a cross-border basis concerned then-CFTC Commissioner and now Acting CFTC...more
6/2/2025
/ CFTC ,
Commodity Exchange Act (CEA) ,
Cross-Border Transactions ,
Derivatives ,
Enforcement Actions ,
Financial Markets ,
Financial Services Industry ,
Interpretive Letters ,
Investment Portfolios ,
Jurisdiction ,
Market Participants ,
New Guidance ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
Settlement
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