The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range...more
The Commodity Futures Trading Commission’s (CFTC’s) Division of Enforcement announced that it has established a new task force—the Environmental Fraud Task Force—to combat environmental fraud and misconduct in derivatives and...more
The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...more
On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more
The Commodity Futures Trading Commission (CFTC or the Commission) released its enforcement results for fiscal year 2022 on October 20, 2022. The enforcement results detail the 82 enforcement actions the CFTC filed in 2022 and...more
FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more
Through its more recent enforcement actions, the Federal Energy Regulatory Commission (FERC or the Commission) has sent a clear message to the energy industry, with its Office of Enforcement (OE) shifting enforcement efforts...more
The Commodity Futures Trading Commission (CFTC) announced last week that it has obtained another admission from a trader of violations of the Commodity Exchange Act and CFTC regulations ...more
The Commodity Futures Trading Commission (CFTC or the Commission) Division of Enforcement filed the most enforcement actions in the Commission’s history in fiscal year 2020 (FY 2020). On December 2, 2020, DOE released its...more
In response to President Donald Trump’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, the Pipeline Hazardous Materials Safety Administration (PHMSA) issued a notice that it does not intend to...more
The US Court of Appeals for the Fourth Circuit resolved a question of first impression on February 11 on when the statute of limitations period commences for civil enforcement claims brought by the Federal Energy Regulatory...more
2/19/2020
/ Adjudicatory Process ,
Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Civil Monetary Penalty ,
Enforcement Actions ,
Federal Power Act ,
FERC ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Violations ,
Statute of Limitations ,
Tucker Act ,
Wholesale
Practitioners active in derivative markets regulated by the Commodity Futures Trading Commission (CFTC) are well familiar with the US Court of Appeals for the Eighth Circuit’s proclamation in 1971 that “[t]he methods and...more
The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more
9/6/2016
/ Anti-Retaliation Provisions ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Employer Liability Issues ,
Enforcement Actions ,
Enforcement Authority ,
Proposed Amendments ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Transparency ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
The decision will likely affect the strategies of enforcement targets in electric market manipulation cases.
For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more
7/29/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Agency Deference ,
Civil Monetary Penalty ,
De Novo Standard of Review ,
Discovery ,
Due Process ,
Electricity ,
Energy Market ,
Energy Sector ,
Enforcement Actions ,
Federal Power Act ,
Federal Rules of Civil Procedure ,
FERC ,
Market Manipulation ,
Order to Show Cause
The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015.
On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more