News & Analysis as of

Commodities Futures Trading Commission Commodity Exchange Act (CEA)

The United States Commodities Futures Trading Commission was created in 1974 to regulate commodity futures and option markets. The Commission’s mission is to protect market participants and the public from... more +
The United States Commodities Futures Trading Commission was created in 1974 to regulate commodity futures and option markets. The Commission’s mission is to protect market participants and the public from fraud, abuse, and systemic risk associated with derivatives subject to the Commodities Exchange Act. In 2010, as a result of the Frank-Dodd Wall Street Reform and Consumer Protection, the Commission’s role was expanded to include drafting rules for regulating the swaps marketplace. less -
Katten Muchin Rosenman LLP

Payment Stablecoins Get "Smart" (or GENIUS-like)

Congress recently passed the first significant federal legislation recognizing the apparent enduring presence of payment stablecoins in the US financial and consumer markets. President Donald Trump signed into law on July 18,...more

Latham & Watkins LLP

The CLARITY Act, Treasury Companies, and the (Digital) Commodity Pool

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On July 17, 2025, the House of Representatives passed the Digital Asset Market Clarity Act of 2025 (the CLARITY Act). This pivotal legislation introduces a comprehensive regulatory framework for the digital asset sector and...more

BCLP

The GENIUS Act Ushers in a New Era for Stablecoin Regulation

BCLP on

On July 17, 2025, Congress passed the Guiding and Establishing National Innovation for U.S Stablecoins Act (“GENIUS Act” or “Act”) – a landmark piece of legislation that received bipartisan support and was signed into law by...more

Pillsbury Winthrop Shaw Pittman LLP

Judge Starr’s Ruling in Metals.com Case Raises Jurisdictional Questions About CFTC Authority

A recent ruling by a Texas federal court adopts a narrow, textually driven reading of the Commodity Exchange Act, questioning whether gold and silver bullion are “commodities” within the statute’s scope....more

WilmerHale

Legal Developments in the Gaming Industry: First Half of 2025

WilmerHale on

We have seen dramatic evolution across the gaming industry throughout 2025. There have been noteworthy legal and regulatory developments for lottery couriers, prediction markets, sweepstakes casinos, and sports betting...more

Troutman Pepper Locke

The Right to Regulate: Kalshi, Federal Preemption, and the Fight for State Gaming Authority

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A lawsuit between KalshiEx LLC (Kalshi) and New Jersey state gaming regulators in the Third Circuit is testing the balance between federal commodities regulation and state authority regarding sports betting. Kalshi operates...more

Cadwalader, Wickersham & Taft LLP

The Fine Print, June 2025 - Are Payment Stablecoins Like Onions?

It is becoming increasingly likely that the “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025’’ (the ‘‘GENIUS Act of 2025’’ or the “Act”) will become enacted and signed into law by the President...more

Cadwalader, Wickersham & Taft LLP

Are Payment Stablecoins Like Onions?

It is becoming increasingly likely that the “Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025’’ (the ‘‘GENIUS Act of 2025’’ or the “Act”) will become enacted and signed into law by the President...more

Katten Muchin Rosenman LLP

On the Hot Seat: Brian Quintenz Faces Senate Spotlight in CFTC Confirmation Hearing

Brian Quintenz appeared before the Senate Committee on Agriculture, Nutrition, & Forestry (Senate Ag Committee) for his June 10th nomination hearing for Commodity Futures Trading Commission (CFTC or Commission) Chairman....more

Jones Day

CFTC Divisions Interpret "U.S. Person" Definition and U.S. Location Versus Foreign Location

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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

Skadden, Arps, Slate, Meagher & Flom LLP

House Bill on Digital Asset Market Structure Would Significantly Change SEC’s Jurisdiction

On May 5, 2025, several House committees jointly released a discussion draft of a bill to establish a regulatory framework for digital assets. Notably, this proposed Act would clarify the jurisdictional boundaries between the...more

A&O Shearman

CFTC Releases Guidance On Registered Non-U.S. Swap Entities Using Substituted Compliance

A&O Shearman on

On May 20, 2025, two divisions within the Commodity Futures Trading Commission (“CFTC”) — the Market Participants Division (“MPD”) and the Enforcement Division (“DOE”) — released procedures providing guidance on how the...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty, May 2025 - Emerging Market Trends in Derivatives Industry

In the post-pandemic world, several trends are developing that will fundamentally change the way financial market participants manage commercial risk or trade traditional and rapidly evolving novel assets, while new classes...more

Holland & Knight LLP

New Jersey Federal Court Sides with Kalshi Over Prediction Market Contracts

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Prediction market platform Kalshi has secured a preliminary injunction against the New Jersey Division of Gaming Enforcement (the Division), preventing the state from enforcing a cease-and-desist order that aimed to halt...more

Morgan Lewis

CFTC Staff Issue Advisory on Criteria for Referrals to the Division of Enforcement

Morgan Lewis on

The staff of the US Commodity Futures Trading Commission (CFTC or Commission) on April 17, 2025 issued an advisory outlining the criteria the agency’s Market Participants Division, Division of Clearing and Risk, and Division...more

Proskauer - Regulatory & Compliance

CFTC Clarifies that FX Window Forwards are Not “Swaps”

On April 9, 2025, the Markets Participants Division and the Division of Market Oversight (collectively, the “Divisions”) of the Commodity Futures Trading Commission (the “CFTC”) published a Staff Letter (the “Staff Letter”)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CFTC Unveils Replacement Penalty Mitigation Policy Focused on Self-Reporting, Cooperation, and Remediation

The Commodity Futures Trading Commission (CFTC), an independent U.S. government agency that regulates the U.S. derivatives markets, including futures, options, and swaps, has announced a new policy for mitigating potential...more

BakerHostetler

The CFTC Announces a New System To Incentivize Self-Reporting, Cooperation, and Remediation

BakerHostetler on

On February 25, 2025, the CFTC released an Enforcement Advisory on Self-Reporting, Cooperation, and Remediation, introducing metrics the Division will use to evaluate a company’s or individual’s conduct before and leading up...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC To Reorganize Task Forces and End ‘Regulation by Enforcement’

On February 4, 2025, CFTC Acting Chair Caroline D. Pham announced that the agency was reorganizing the Division of Enforcement’s nine task forces “to combat fraud and help victims while ending the practice of regulation by...more

Mintz

Back to the Future: CFTC Emphasizes Existing Regulatory Standards for New Al Technologies

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Advancements in artificial intelligence (AI) continue to reshape the financial services industry, with the growing popularity of generative Al (GenAl) tools prompting increased attention from US regulators. At the end of...more

Brownstein Hyatt Farber Schreck

Kalshi v. CFTC Challenges Contracts on Political Events

On Jan. 17, 2025, the United States Court of Appeals for the District of Columbia (D.C. Circuit) heard oral argument in KalshiEx v. CFTC. At issue is KalshiEx LLC’s (Kalshi) ability to list political event contracts for...more

Morgan Lewis

CFTC Adopts Amendments to Permissible Customer Funds Investments by FCMs and DCOs

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The Commodity Futures Trading Commission recently published a final rule amending the list of permissible investments for customer funds by futures commission merchants and derivatives clearing organizations....more

Troutman Pepper Locke

Breaking Down CFTC's Novel Theory Driving Uniswap Action

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Although Congress has neither formulated a regulatory framework for the digital asset industry nor anointed a federal regulatory agency as the de facto overseer of digital asset-related activities affecting interstate...more

Latham & Watkins LLP

CFTC Issues Staff Advisory on the Use of Artificial Intelligence in CFTC-Regulated Markets

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As AI use proliferates, the advisory reminds CFTC-regulated entities of their existing obligations and the CFTC’s intention to monitor for ongoing risks. On December 5, 2024, the staff of the Commodity Futures Trading...more

BakerHostetler

CFTC Issues Advisory Related to Use of Artificial Intelligence

BakerHostetler on

In issuing the Advisory, the CFTC recognizes the potential for AI to transform the U.S. financial markets. However, given how far-reaching AI’s impact may be, the CFTC simultaneously cautions CFTC-regulated entities to be...more

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