On July 25, 2019, the Ninth Circuit reinstated the Commodity Futures Trading Commission’s (CFTC) lawsuit in CFTC v. Monex Credit Co.,1 interpreting the CFTC’s Dodd-Frank enforcement authority under Commodity Exchange Act...more
7/31/2019
/ Administrative Authority ,
Appeals ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Commodity Futures Contracts ,
Derivatives ,
Dodd-Frank ,
Fraud ,
Price Manipulation ,
Reversal ,
Swaps
In 2018, the Commodity Futures Trading Commission (CFTC or Commission) began operating with a full complement of five commissioners for the first time since 2014. Soon thereafter, it held a rare open meeting to propose major...more
1/22/2019
/ CCPs ,
CFTC ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Dodd-Frank ,
Enforcement Actions ,
EU ,
Extraterritoriality Rules ,
Jurisdiction ,
Legislative Agendas ,
Regulatory Agenda ,
Swap Execution Facilities ,
Swaps
On March 6, 2018, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York ruled that virtual currencies are commodities under the Commodity Exchange Act (CEA) and therefore subject to the...more
3/8/2018
/ Administrative Authority ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Enforcement Actions ,
Fraud ,
Jurisdiction ,
Market Manipulation ,
Preliminary Injunctions ,
Standing ,
Trial Court Orders ,
Virtual Currency
In 2017, Commodity Futures Trading Commission (CFTC) Chairman J. Christopher Giancarlo made clear he will strive to improve, not abolish, many reforms the CFTC adopted to implement the Dodd-Frank Act’s mandate for new...more
1/31/2018
/ Benchmarks ,
Bitcoin ,
CCPs ,
CFTC ,
Commodities ,
Derivatives ,
Dodd-Frank ,
EU ,
Federal Reserve ,
Financial Markets ,
Interest Rates ,
Libor ,
Popular ,
Swaps ,
Trump Administration ,
UK ,
UK Brexit ,
Virtual Currency
The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging, among other claims, that a large number of entities and individuals in the market for producing, refining and...more
7/7/2017
/ Antitrust Violations ,
CFTC ,
Class Action ,
CME NYMEX ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Extraterritoriality Rules ,
International Litigation ,
Market Manipulation ,
Morrison v National Australia Bank ,
Oil & Gas ,
Price Manipulation ,
SCOTUS ,
Securities Violations ,
Sherman Act
On May 3, 2017, the Commodity Futures Trading Commission (CFTC) voted to seek public input on simplifying and modernizing the agency’s rules (Project KISS, 82 Fed. Reg. 21494 (May 9, 2017)). CFTC Acting Chairman J....more
Recently introduced legislation suggests that Republicans and Democrats in post-election Congress will be looking in very different directions on how to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act...more
7/29/2016
/ Basel III ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Cross-Border ,
Derivatives ,
Dodd-Frank ,
FDIC ,
Financial Institutions ,
FSOC ,
FX Forwards ,
Political Parties ,
Presidential Elections ,
Proposed Amendments ,
Securities and Exchange Commission (SEC) ,
Swaps
As interest in bitcoin derivatives has increased, the Commodity Futures Trading Commission (CFTC) has turned more of its attention toward virtual currencies. For a little more than a year, at least two trading facilities...more
The Commodity Futures Trading Commission (CFTC) has proposed new rules — Regulation Automated Trading (Regulation AT) — that would impose new and potentially burdensome risk and compliance controls on any person engaged in...more
The Commodity Futures Trading Commission (CFTC) recently took a series of actions confirming views expressed late last year by CFTC Chairman Timothy Massad that "[d]erivatives contracts based on a virtual currency represent...more
10/2/2015
/ Bitcoin ,
CFTC ,
Commodities ,
Commodity Exchange Act (CEA) ,
Derivatives ,
Jurisdiction ,
Popular ,
SEFs ,
Swap Trading ,
Swaps ,
Virtual Currency
The Commodity Futures Trading Commission (CFTC) recently proposed rules1 to address the cross-border application of margin requirements for uncleared swaps for swap dealers and major swap participants not subject to...more
On November 3, 2014, the Commodity Futures Trading Commission (CFTC or Commission) approved three proposals that Chairman Timothy Massad described as “fine tuning” certain of the CFTC’s rules “to make sure they do not impose...more
On May 15, 2014, the International Swaps and Derivatives Association (ISDA) and the Futures Industry Association (FIA) Europe published the ISDA/FIA Europe Cleared Derivatives Execution Agreement (ISDA/FIA Europe CDEA). ...more
The European Market Infrastructure Regulation (EMIR) requires EU-counterparties to all derivative contracts, whether traded on- or off-exchange, to report certain information and details relating to the trade to a registered...more
Starting February 12, 2014, the European Market Infrastructure Regulation (EMIR) will require EU-counterparties to all derivative contracts, whether traded on or off exchange, to report certain trade information and details...more