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 SEC's Enforcement Action Against Ripple -
In December 2020, the SEC commenced an enforcement action against Ripple and two of its senior executives alleging that the defendants violated Section 5 of the Securities Act...more
4/1/2022
/ Aiding and Abetting ,
Digital Assets ,
Enforcement Actions ,
Extraterritoriality Rules ,
Fair-Notice Standard ,
Financial Markets ,
Investment ,
Ripple ,
Section 5 ,
Securities Act of 1933 ,
Securities Litigation ,
Securities Transactions ,
Securities Violations ,
Unregistered Securities
The SEC's Enforcement Action Against Ripple -
In December 2020, the SEC commenced an enforcement action against Ripple and two of its senior executives alleging that the defendants violated Section 5 of the Securities Act of...more
3/23/2022
/ Aiding and Abetting ,
Digital Assets ,
Enforcement Actions ,
Fair-Notice Standard ,
Financial Services Industry ,
Investment ,
Motion to Dismiss ,
Motion To Strike ,
Popular ,
Section 5 ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Securities Violations ,
Unregistered Securities
The Securities and Exchange Commission ("SEC") charges a special purpose acquisition company ("SPAC"), its CEO, and sponsor, as well as the merger acquisition target, with securities law violations, resulting in significant...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
Under the "discovery accrual rule" discovery of the injury starts the clock for statute of limitations purposes.
On February 28, 2019, the Second Circuit issued an important decision regarding the statute of limitations...more
The Situation: The U.S. Court of Appeals for the Tenth Circuit recently addressed the issue of whether the antifraud provisions of the federal securities laws apply extraterritorially in enforcement actions commenced by the...more
2/25/2019
/ Conduct and Effects Test ,
Corporate Counsel ,
Dodd-Frank ,
Enforcement Actions ,
Extraterritoriality Rules ,
Jurisdiction ,
Morrison v National Australia Bank ,
Ponzi Scheme ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations
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
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