James M. Brady

James M. Brady

Katten Muchin Rosenman LLP

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CFTC and German Regulators Sign Memorandum of Understanding

The Commodity Futures Trading Commission, German regulators Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin) and Deutsche Bundesbank (Bundesbank) have entered into a memorandum of understanding (MOU) related to the...more

2/3/2016 - CFTC Clearing Agencies Germany Memorandum of Understanding Supervision

CFTC Approves Registration to 18 Swap Execution Facilities

The Commodity Futures Trading Commission has issued orders granting permanent registration to 18 swap execution facilities (SEFs) that had been operating under temporary registration status. The SEFs approved for registration...more

2/2/2016 - CFTC Registration SEFs

Corporate and Financial Weekly Digest - Volume XI, Issue 4

SEC/CORPORATE - Crowdfunding Portals Can Now Register With the SEC - As discussed in the November 6, 2015 edition of the Corporate and Financial Weekly Digest, on October 30, 2015, the Securities and Exchange...more

2/1/2016 - Crowdfunding Cyber Attacks Electronic Filing Germany Hedge Funds Memorandum of Understanding Regulation C SEFs Senior Managers Insurers Regime (SMIR) Supervision UK

NFA Revises SD and MSP 4s Review Process

National Futures Association (NFA) has revised its review process for swap dealer (SD) and major swap participant (MSP) applications under Section 4s of the Commodity Exchange Act. Effective immediately, SDs and MSPs are no...more

1/14/2016 - Commodities Exchange Act Major Swap Participants NFA Swap Dealers

CFTC Proposes Alternative to Fingerprinting Requirement for Foreign Individuals

The Commodity Futures Trading Commission has proposed to amend Regulation 3.21 to provide an exemption for the fingerprinting requirements for an individual who is a principal or associated person of a registrant, if such...more

1/13/2016 - CFTC Criminal Background Checks Exemptions Fingerprints Foreign Nationals

CFTC Requests Comment on Draft Technical Specifications for Swap Data

The staff of the Commodity Futures Trading Commission has published for comment draft technical specifications for certain swap data elements, including data that are currently reportable under Part 45 of CFTC Regulations as...more

1/13/2016 - CFTC Comment Period Swaps Technical Standards

CFTC Reminds SDs and MSPs of Swap Reporting Obligations

The Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission has issued an advisory to remind swap dealers (SDs) and major swap participants (MSPs) of their swap data reporting...more

1/13/2016 - Major Swap Participants Reporting Requirements Swap Dealers

CFTC Provides Relief to SEFs From Audit Trail Requirements Related to Post-Trade Allocation Information

The Division of Market Oversight of the Commodity Futures Trading Commission has issued temporary no-action relief to swap execution facilities (SEFs) from certain audit trail requirements related to post-trade allocations....more

1/13/2016 - Allocation of Funds Audit Reports CFTC No-Action Relief SEFs

CFTC Amends Recordkeeping Rules

The Commodity Futures Trading Commission has amended Regulation 1.35(a) to ease recordkeeping obligations for certain entities with respect to commodity interest transactions and related cash or forward transactions....more

1/13/2016 - Amended Regulation CFTC DCMs Recordkeeping Requirements SEFs

Corporate and Financial Weekly Digest - Volume XI, Issue 1

SEC/CORPORATE - PCAOB Adopts New Rules Requiring Disclosure of Participants in an Audit - On December 15, 2015, the Public Company Accounting Oversight Board (PCAOB) adopted new rules and related amendments to...more

1/11/2016 - Banking Sector C&DIs Examination Priorities Fixing America’s Surface Transportation Act (FAST Act) M&A Brokers Pay-To-Play PCAOB Regulation Technical Standards (RTS) SEC

CFTC Proposes Cybersecurity Testing for DCOs, DCMs, SEFs and SDRs

The Commodity Futures Trading Commission has proposed rules that would require all derivatives clearing organizations (DCOs), swap data repositories (SDRs), designated contract markets (DCMs) and swap execution facilities...more

12/22/2015 - CFTC Cybersecurity Derivatives Clearing Organizations Designated Contract Market SEFs Swap Data Repositories

Corporate and Financial Weekly Digest - Volume X, Issue 48

SEC/CORPORATE SEC Division of Corporation Finance Issues New C&DIs on FAST Act - As previously reported, President Obama signed into law the Fixing America’s Surface Transportation Act (FAST Act) on December 4. The...more

12/21/2015 - C&DIs CFTC Cybersecurity Disclosure Requirements EGRPRA Extractive Industry Transparency Rule Fixing America’s Surface Transportation Act (FAST Act) Margin Requirements MiFID II SEC

CFTC Extends Swap Data Reporting Relief to Certain Non-US SDs and MSPs

The Division of Market Oversight of the Commodity Futures Trading Commission has extended relief from swap data reporting obligations for swap dealers (SDs) and major swap participants (MSPs) that are non-US persons...more

11/18/2015 - CFTC Foreign Entities Major Swap Participants Reporting Requirements Swap Dealers

Corporate and Financial Weekly Digest - Volume X, Issue 44

BROKER-DEALER - FINRA Issues Investor Alert Regarding IRS Phone Scam - The Financial Industry Regulatory Authority issued an Investor Alert warning investors about a phone scam involving phone calls allegedly...more

11/16/2015 - CPOs EU FFIEC FINRA Form PQR Internal Investigations Major Swap Participants MiFID II Risk Management Tax Scams UK Volcker Rule

CFTC’s Market Risk Advisory Committee To Meet on November 2

The Commodity Futures Trading Commission’s Market Risk Advisory Committee will hold a public meeting on November 2 from 10:00 a.m. to 1:30 p.m. The Committee will discuss a subcommittee’s recommendations on the effectiveness...more

10/13/2015 - Central Counterparties CFTC Clearing Agencies Default Public Meetings Risk Assessment

Corporate and Financial Weekly Digest - Volume X, Issue 39

SEC/CORPORATE - House Passes Disclosure Modification and “4(a)(1)(1/2)” Bills - On October 6, the US House of Representatives passed the Disclosure Modification and Simplification Act of 2015 (H.R. 1525), which, if...more

10/12/2015 - Advisory Committee CFTC Derivatives EMIR Equity Research Rule ESMA EU FINRA Form 10-K Market Risk Capital Rule NASD Registration Requirement Regulation S-K SEC

CFTC Permits ICE Trade Vault to Accept Interest Rate and Foreign Exchange Swaps

The Commodity Futures Trading Commission has issued an order to ICE Trade Vault, LLC that adds two additional asset classes of swaps—interest rate and foreign exchange—to the list of asset classes that ICE Trade Vault may...more

10/7/2015 - CFTC Swap Data Repositories Swaps

CFTC Extends Relief for Eurex Clearing and US Clearing Members

The Division of Clearing and Risk of the Commodity Futures Trading Commission has further extended temporary no-action relief to Eurex Clearing AG and its clearing members that are US persons, which authorizes US clearing...more

10/7/2015 - CFTC Interest Rate Swaps No-Action Letters Swap Clearing

CFTC Extends Relief from Electronic OCR Requirements

The Division of Market Oversight of the Commodity Futures Trading Commission has extended no-action relief from certain of the CFTC’s ownership and control reporting (OCR) regulations, including electronic reporting via new...more

10/7/2015 - CFTC Electronic Reporting No-Action Relief OCR

Corporate and Financial Weekly Digest - Volume X, Issue 38

SEC/CORPORATE - ISS Publishes Results of 2015–2016 Annual Global Policy Survey - On September 28, Institutional Shareholder Services (ISS), a leading proxy advisory firm, published the results of its 2015–2016...more

10/5/2015 - Banks Broker-Dealer Bylaws CEOs CFPB CFTC Consumer Lenders Corporate Governance Derivatives Derivatives Clearing Organizations Director Compensation ESMA EU FFIEC FINRA GAAP Independent Boards ISS Liquidity Risk Management Rule Proxy Access Rule Proxy Season Regulation Technical Standards (RTS) SEC Swaps Trade Market Abuse

CFTC Grants DCO Registration to Nodal Clear, LLC

The Commodity Futures Trading Commission has granted registration to Nodal Clear, LLC as a derivatives clearing organization (DCO). Pursuant to the registration order, Nodal Clear may clear contracts executed on or through...more

9/30/2015 - CFTC Derivatives Clearing Organizations Registration

CFTC Seeks Comment on Japan Securities Clearing Corporation’s Petition for Exemption from DCO Registration

The Commodity Futures Trading Commission is seeking public comment on a petition by the Japan Securities Clearing Corporation (JSCC) for an order of exemption from registration as a derivatives clearing organization (DCO)....more

9/30/2015 - CFTC Comment Period Derivatives Clearing Organizations Exemptions Japan Public Comment Registration Requirement

CFTC Modifies Position Limit Aggregation Proposal

The Commodity Futures Trading Commission has modified its position aggregation proposal, which initially was proposed on November 15, 2013. Under the 2013 proposal, an entity owning 50 percent or more of another entity would...more

9/29/2015 - Aggregation Rules CFTC

CFTC Issues Guidance on “Firm or Forced Trades” Process

The Commodity Futures Trading Commission’s Division of Clearing and Risk and Division of Market Oversight have issued guidance to derivatives clearing organizations (DCOs) that use a “firm or forced trades” process to...more

9/29/2015 - CFTC Commodities Exchange Act Derivatives Derivatives Clearing Organizations New Guidance

CFTC Issues Guidance on CFTC Requirements for DCOs and the Principles for Financial Market Infrastructures

The Commodity Futures Trading Commission’s Division of Clearing and Risk (DCR) has issued an interpretation on the consistency between Part 39 of CFTC Regulations and the Principles for Financial Market Infrastructures. The...more

9/29/2015 - Banks CFTC Derivatives Clearing Organizations

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