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Digital Assets › Regulatory Authority › Commodities Futures Trading Commission

Cadwalader, Wickersham & Taft LLP

Summer’s Over and the Regulations Keep Coming, September 2025 - Defining (Again) The Scope of “Commodity”

Cadwalader, Wickersham & Taft LLP on

On July 21, 2025, a U.S. district court judge in Texas stated in an opinion and order that “section 1 [of the Commodity Exchange Act (“CEA”)] does not encompass precious metals [such as gold] as commodities because they are...more

Pillsbury Winthrop Shaw Pittman LLP

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

Pillsbury Winthrop Shaw Pittman LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Mayer Brown Free Writings + Perspectives

House Passes Digital Asset Market Structure Legislation: Financial Innovation and Technology for the 21st Century Act (FIT21)

Mayer Brown Free Writings + Perspectives on

On May 22, 2024, the US House of Representatives passed H.R. 4763, the Financial Innovation and Technology for the 21st Century Act (FIT21), which would amend existing securities and commodity regulatory statutes to...more

Latham & Watkins LLP

Digital Asset Market Structure Bill Seeks to Fill US Regulatory Gaps

Latham & Watkins LLP on

The proposed bill sets forth a comprehensive framework for the digital asset ecosystem by bridging regulatory gaps, promoting innovation, and protecting consumers. On June 2, 2023, Patrick McHenry, Chairman of the House...more

Polsinelli

Senate Hearing Advocates Limited Digital Asset Regulation Reform Including CFTC Regulation of Bitcoin and ETH

Polsinelli on

On September 15, 2022, the Senate Committee on Agriculture, Nutrition, and Forestry (the “Ag. Committee”) held a hearing to discuss Senate Bill 4760, titled the Digital Commodities Consumer Protection Act of 2022 (the “Bill”)...more

Cadwalader, Wickersham & Taft LLP

Proposed Legislation to Regulate Digital Commodity

Cadwalader, Wickersham & Taft LLP on

On August 3, Senate Agriculture Committee Chairwoman Debbie Stabenow, a Democrat from Michigan, and John Boozman, the top Republican on the committee, introduced a bipartisan bill aimed at regulating digital assets....more

Cadwalader, Wickersham & Taft LLP

CFTC’s Enforcement of Fraudulent and Manipulative Pump-and-Dump Scheme in Crypto Commodities

Cadwalader, Wickersham & Taft LLP on

The Commodity Futures Trading Commission (“CFTC”) has two levels of jurisdiction under the Commodity Exchange Act (“CEA”). First, there is an exclusive (or regulatory) jurisdiction over “derivatives” on “commodities,”...more

Womble Bond Dickinson

President Biden’s Cryptocurrency Executive Order - What It Does And Does Not Do

Womble Bond Dickinson on

On Wednesday, March 9, President Biden issued an “Executive Order on Ensuring Responsible Development of Digital Assets” (hereinafter “EO”). The EO outlines a wide-ranging strategy to assess the risks and potential benefits...more

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