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New Guidance Market Participants

Jones Day

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

Jones Day on

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

BakerHostetler

CFTC Provides Clarifying Guidance on Material Violations Regarding Self-Reporting, Cooperation, and Remediation System

BakerHostetler on

As we previously reported, in February, the CFTC’s DOE issued an enforcement advisory (the DOE Advisory) to provide guidance to market participants on how the DOE will evaluate a company’s or an individual’s conduct in the...more

Latham & Watkins LLP

ESAs Provide Guidelines to Harmonise the Cryptoasset Classification Under MiCA

Latham & Watkins LLP on

On 10 December 2024, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Securities and Markets Authority (ESMA) (together, ESAs) have published new joint...more

BakerHostetler

Global Tax Enforcement Group Provides NFT Red Flag Guidance

BakerHostetler on

Key Takeaways - ..The Joint Chiefs of Global Tax Enforcement (J5) issued its first intelligence bulletin providing guidance to banks, law enforcement partners and private investigators regarding indicators of potential...more

Latham & Watkins LLP

SEC Issues Guidance for Broker-Dealer Custody of Digital Assets

Latham & Watkins LLP on

In a year-end change of course, the SEC identified the minimum steps that broker-dealers must take when acting as custodians of digital asset securities. On December 23, 2020, the US Securities and Exchange Commission (SEC)...more

Sheppard Mullin Richter & Hampton LLP

The SEC’s COVID-19 Response

The SEC has transitioned to a “full telework posture” in response to the outbreak of COVID-19 in the United States. However, the Commission is taking pains to assure market participants that it is still business as usual at...more

Sheppard Mullin Richter & Hampton LLP

Buyers (And Sellers) Beware!: SEC Observations on Cybersecurity and Resiliency

The Securities and Exchange Commission recently published a set of observations designed to assist financial market participants. While not legally binding, the observations are guideposts for investment companies, securities...more

Sheppard Mullin Richter & Hampton LLP

New IRS Guidance on Section 45Q Carbon Capture and Sequestration Tax Credits: Key Preliminary Takeaways for Potential Market...

On February 19, 2020, the IRS published two guidance documents... of significant legal and commercial importance to the nascent market for carbon capture and sequestration production tax credits set forth in Section 45Q of...more

Latham & Watkins LLP

INSIGHT: Crypto - The Pursuit of Sufficient Decentralization

Latham & Watkins LLP on

Recent SEC guidance on digital assets cleared a path for at least certain stable coins or payment tokens to avoid securities regulation. However, Latham & Watkins attorneys say there are still a number of open questions that...more

McDermott Will & Schulte

Capital Markets & Public Companies Quarterly: Changes to SEC Review of Shareholder Proposals, Expansion of Testing-the-Waters,...

McDermott Will & Schulte on

In the third quarter of 2019, the SEC Staff announced major changes to the standard no-action request review and response process relating to shareholder proposals. In addition, the SEC expanded the availability of...more

Hogan Lovells

Belgian Competition Authority adopts guidelines on exchanges of information in the context of trade associations

Hogan Lovells on

On 1 October 2019, the Belgian Competition Authority (BCA) adopted a new set of guidelines relating to exchanges of information in the context of trade associations. Following the lack of clarity highlighted by some market...more

A&O Shearman

European Securities and Markets Authority Launches Consultation on Disclosure Guidelines Under EU Prospectus Regulation

A&O Shearman on

The European Securities and Markets Authority has launched a consultation on its proposed guidelines on compliance with disclosure requirements under the new EU Prospectus Regulation. The Consultation Paper may be of...more

Eversheds Sutherland (US) LLP

Regulatory guidance on the transition away from LIBOR

Earlier this month, staff of the Securities and Exchange Commission (SEC) published guidance that encourages market participants to move away from LIBOR (the Staff Statement). The interest benchmark rate is expected to...more

Moore & Van Allen PLLC

SEC Staff Issues Statement on Preparing for Impending LIBOR Transition

Moore & Van Allen PLLC on

On July 12, 2019, the U.S. Securities and Exchange Commission (SEC) joined the call to prepare for the transition away from LIBOR. The staff of several Divisions of the SEC (the Divisions of Corporation Finance (DCF),...more

Jones Day

Mandatory Summer Reading: SEC Staff Issues Rare Joint Statement on LIBOR Transition

Jones Day on

The Situation: The Staffs of the Divisions of Corporation Finance, Investment Management and Trading and Markets ("Divisions") of the U.S. Securities and Exchange Commission ("SEC") and its Office of the Chief Accountant...more

White & Case LLP

ICOs and Security Tokens: FCA Consults on Crypto Guidance

White & Case LLP on

The UK FCA launched on 23 January 2019 its highly anticipated consultation1 (CP19/3) on Guidance for market participants as to where certain cryptoassets sit in relation to the regulatory perimeter - and whether relevant...more

McDermott Will & Schulte

Rapidly Shifting Regulatory Landscape for Virtual Currencies | Market Participants: Stay Tuned

As US regulators have been active in terms of virtual currency regulation, there are three important updates to which attention should be paid. The New York State DFS guidance, the FinCEN letter to Senator Wyden and the...more

Katten Muchin Rosenman LLP

CME Group Issues Notice Regarding Position Limits and Accountability Levels

On November 4, CME Group issued Market Regulation Advisory Notice RA1518-5 (Notice) to provide regulatory guidance to market participants concerning CME Group Exchanges’ rules on position limits and exemptions, and position...more

Mintz

FTC Answers the Call for Guidance Regarding Antitrust Compliance for State Regulatory Boards Controlled by Market Participants

Mintz on

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

Mintz - Health Care Viewpoints

FTC Provides Guidance Regarding Antitrust Compliance for State Regulatory Boards

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

Bennett Jones LLP

Canadian Securities Administrators Publish Comment Letters on Proposed National Policy 25-201 Guidance for Proxy Advisory Firms

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On April 24, 2014, the Canadian Securities Administrators (CSA) published for comment proposed National Policy 25-201 Guidance for Proxy Advisory Firms. Issuers, law firms and other market participants submitted comment...more

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