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Derivatives Commodities Futures Trading Commission

BakerHostetler

CFTC Issues Foreign Board of Trade Advisory to Provide Regulatory Clarity for Crypto Asset Trading on Non-US Exchanges

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Recognizing the continued evolution of global derivatives markets that has resulted from technological innovation in the United States and abroad, the CFTC issued its FBOT Advisory to provide regulatory clarity with respect...more

Jones Day

Why Can't We Be Friends? The SEC and CFTC Vow More Cooperation

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On September 5, 2025, the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC") released a joint statement (the "Statement") outlining a renewed commitment to regulatory cooperation...more

Pillsbury Winthrop Shaw Pittman LLP

SEC and CFTC Chairs’ Joint Statement Raises Prospect of Competitive Onshoring of Perpetual Derivatives

Securities regulators signaled an openness to “innovation exemptions” allowing U.S. perpetual contracts and leveraged crypto markets to become competitive with offshore markets....more

Morgan Lewis

US Department of Justice: ‘Well-Intentioned Innovators’ Will Not Be Prosecuted

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Recent statements from the US Department of Justice, the White House, and the Commodity Futures Trading Commission indicate a safer environment for responsible risk-taking in digital assets and derivatives....more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – September 2025

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To keep you informed of recent activities, here are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Troutman Pepper Locke

CFTC Issues New Advisory on FBOT Registration Opening the Path for Offshore Cryptocurrency Firms

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In a significant move aimed at enhancing regulatory clarity and fostering global market access, particularly for offshore cryptocurrency firms, the U.S. Commodity Futures Trading Commission (CFTC) issued a new advisory on the...more

K&L Gates LLP

The White House Working Group on Digital Asset Markets Report: What it Means for the Derivatives Industry

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The “Strengthening American Leadership in Digital Financial Technology” Report, published in July 2025 by the President’s Working Group on Digital Asset Markets (the PWG), includes comprehensive recommendations for immediate...more

Troutman Pepper Locke

CFTC Launches Crypto Sprint to Implement Digital Asset Market Recommendations

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On August 1, the Commodity Futures Trading Commission (CFTC) announced an initiative aimed at advancing the U.S.’s position in the global cryptocurrency landscape. Acting Chairman Caroline D. Pham revealed the commencement of...more

Morrison & Foerster LLP

Highlights of Recent CFTC Developments

The Commodity Futures Trading Commission (CFTC) recently announced several new staff letters and public statements with material consequences for legal and business professionals in the derivatives markets. In this alert, we...more

Bracewell LLP

Derivatives and Securities Dealers' Pre-Hedging of Client Trades Faces Potential New Rules

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Derivatives and securities dealers and some of their market users are locked in a potentially consequential debate over what legal standards should be adopted to govern pre-hedging (also called “pre-positioning” or...more

Mayer Brown

Everyone’s Human: CFTC Rationalizes Swap Error Reporting

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On July 31, 2025, the Commodity Futures Trading Commission (“CFTC”) issued no-action relief for certain swap reporting counterparties that fail to submit a swap data error correction notification (“NAL 25-25”). This relief...more

Cadwalader, Wickersham & Taft LLP

Global Moves, Digital Shifts, July 2025 - CFTC Relief for Event Contracts

In addition to everything relating to cryptos, event contracts are one of the hottest topics in Washington at the Commodity Futures Trading Commission (“CFTC”). Hopefully, when former CFTC commissioner Brian Quintenz is...more

Pillsbury Winthrop Shaw Pittman LLP

CFTC Permits Listing of Perpetual Futures on BTC and ETH: A Regulatory Milestone for U.S. Crypto Derivatives

The move comes in the wake of an open request for comment on “perps” issued by the CFTC earlier this year—but no new rule or interpretive guidance has followed. Importantly, the SEC has not challenged the listing of ETH...more

Ropes & Gray LLP

Welcome Relief - CFTC Staff Extends No-Action Relief on Position Aggregation Requirements

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The Commodity Futures Trading Commission ("CFTC") Division of Market Oversight ("DMO") has issued relief (see CFTC Letter 21-21) extending the no-action positions previously granted with respect to certain position...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

Stikeman Elliott LLP

Coming Soon: Amendments to Canada’s OTC Derivatives Trade Reporting Regime

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The Canadian Securities Administrators (“CSA”) have released several updates in the last year to Canada’s trade reporting regime for over-the-counter (“OTC”) derivatives. In July 2024, all members of the CSA published final...more

Jones Day

Congressional Review Act: How Congress Can Rescind the Former Administration's Guidance on the Environment, Climate, and Energy

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On January 30, 2025, Senator John Kennedy of Louisiana proposed a joint resolution of disapproval aimed at rescinding the recent Commodity Futures Trading Commission ("CFTC") Guidance on Carbon Credits ("the Guidance"). The...more

Katten Muchin Rosenman LLP

Confirming a Negative: CFTC Staff Issue an Advisory Clarifying When Foreign-Organized Entities Are Trading and Brokering Digital...

Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or...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

Katten Muchin Rosenman LLP

CFTC Staff Reminds Registered Exchanges and Clearinghouses to Evaluate and Calibrate Their Volatility Control Mechanisms

The Commodity Futures Training Commission’s (“CFTC”) Division of Market Oversight and Division of Clearing and Risk issued an advisory (the “Staff Advisory”) reminding designated contract markets (“DCMs”) and derivatives...more

Morrison & Foerster LLP

CFTC Staff Issue Interpretive Guidance on Cross-Border Definitions

The CFTC staff have issued interpretative guidance regarding the application of cross-border definitions under the CFTC’s regulatory regimes covering swaps, foreign futures and foreign options transactions, and foreign boards...more

Alston & Bird

CFTC Guidance Clarifies Non-U.S. Person Status of Certain Offshore Trading Firms

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Our Investment Funds Team examines an interpretive letter from the Commodity Futures Trading Commission (CFTC) that may help to clarify when non-U.S. firms with U.S. contacts can be considered non-U.S. persons for...more

Katten Muchin Rosenman LLP

Unpacking CFTC Letters 25-09 and 25-10

Derivatives market participants continue to process the implications of two significant interpretive letters issued by the Commodity Futures Trading Commission (CFTC) staff earlier this year. Letter 25-09 effectively...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

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