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Conyers

Shifting Sands: The Future of Offshore Regulatory Disputes (Part 1)

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As an evolving area of commercial disputes in the Cayman Islands, global enforcement trends provide us with valuable insight into the types of regulatory proceedings on the horizon for offshore jurisdictions. In this first...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Launches Corporate Whistleblower Awards Pilot Program and Announces a New Incentive for Self-Reports

On August 1, 2024, the Department of Justice’s Criminal Division launched the Corporate Whistleblower Awards Pilot Program (the Program), following up on its announcement in March 2024 of a plan to offer whistleblower awards....more

Kohn, Kohn & Colapinto LLP

Will the DOJ Listen to the Whistleblower Community in Establishing Whistleblower Award Program?

On March 7, Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (DOJ) was initiating a “90-day sprint” to develop a whistleblower rewards program. In her announcement, Monaco emphasized the huge...more

Latham & Watkins LLP

Wyoming Adopts New Legal Structure for DAOs

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The legislation allows decentralized autonomous organizations to gain legal entity status and operate within the bounds of applicable law. ...more

Kohn, Kohn & Colapinto LLP

Whistleblower Awards for Auditors are Key to Meeting OECD Guidelines

According to the Institute of Internal Auditors “Politics of Internal Auditing” (2015), 55% of chief audit executives were directed to commit important findings from their audit reports. 49% of chief audit executives were...more

Proskauer - Whistleblower Defense

DOJ Announces Development of a Pilot Whistleblower Rewards Program

On March 7, 2024, Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice (“DOJ”) is creating a pilot whistleblower rewards program, which will be developed and implemented over the next 90 days,...more

ArentFox Schiff

DOJ Continues Focus on Corporate Crime with New Whistleblower Program

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On March 7, at the annual American Bar Association (ABA) National Institute on White Collar Crime, US Deputy Attorney General (DAG) Lisa Monaco announced a new whistleblower program that will provide financial rewards to...more

Jones Day

The CFTC Proposes Expansive Business and Governance Rules for Registered Derivatives Markets

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The Commodity Futures Trading Commission ("CFTC") recently proposed new and modified conflicts of interest, fitness, and governance regulations for swap execution facilities ("SEFs") and designated contract markets ("DCMs")....more

Skadden, Arps, Slate, Meagher & Flom LLP

Fifth Circuit Reverses CFTC Penalty Judgment Under ‘Fair Notice’ Doctrine

On January 8, 2024, in a decision that underscores the potential viability of fair-notice defenses to U.S. regulators’ rule interpretations, the U.S. Court of Appeals for the Fifth Circuit reversed a $6.5 million penalty...more

Vinson & Elkins LLP

New CFTC Enforcement Policy Increases Penalties to Deter Recidivists

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The U.S. Commodity Futures Trading Commission (“CFTC” or “Commission”) — the federal agency tasked with regulating the U.S. derivatives markets, which includes futures, swaps and certain kinds of options — has recently taken...more

Katten Muchin Rosenman LLP

ESG Guidepost | Issue 9

Katten ESG Guidepost is a monthly publication highlighting the latest news, legal and regulatory developments involving environmental, social and governance matters....more

Bass, Berry & Sims PLC

FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine

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On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation...more

Holland & Knight LLP

CFTC Moves to Set Voluntary Carbon Market Standards

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The Commodity Futures Trading Commission (CFTC) issued proposed guidance (the Proposed Guidance) regarding the listing of voluntary carbon credit (VCC) derivatives on CFTC-regulated exchanges on Dec. 4, 2023. The CFTC's goal...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

Mintz on

The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Proskauer Rose LLP

Taskforce on Nature-Related Financial Disclosures – New and Updated Nature Reporting Recommendations Published

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The NY Climate Week conference took place during the week of 18 September 2023, bringing together international leaders from business and governments. During the conference the Taskforce on Nature-related Financial...more

Holland & Knight LLP

Double Jeopardy for Double Counting? CFTC and FTC Both Scrutinize Fraud in Carbon Markets

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The Federal Trade Commission (FTC) and Commodity Futures Trading Commission (CFTC) have recently and aggressively signaled their intent to ramp up enforcement activity regarding the use of carbon offsets to make environmental...more

Patton Sullivan Brodehl LLP

The “DAO Jungle” Chronicles: Federal Court Allows DAO to be Sued as a Partnership

In a prior post — The DAO Jungle? — we recapped the State of Wyoming’s new legislation extending LLC protections to Decentralized Autonomous Organizations (DAOs). Under that Wyoming law, a DAO could register as a LLC and its...more

Morgan Lewis - Power & Pipes

Buyer Beware Regulatory Enforcement Exposure Risks of Using Carbon Offsets to Meet ESG Initiatives

ESG. Net zero. Carbon sequestration. In 2023, all of these terms will continue to be widely referenced in mainstream media publications, corporate governance and shareholder materials, and regulatory filings and issuances....more

Morrison & Foerster LLP

Preserving Data from Personal Devices and Third-Party Messaging Platforms – What Should Companies Do?

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Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more

A&O Shearman

CFTC Delivers Notice to Ooki Via Chat Box: Important Legal Questions for DAOs

A&O Shearman on

The United States District Court for the Northern District of California (the “Court”) recently held that a decentralized autonomous organization (DAO) could be served via its online forum. If upheld, this decision will have...more

Freeman Law

Service of Process on a Decentralized Autonomous Organization

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Serving process on a decentralized autonomous organization through its help chatbot? Introduction to Decentralized Autonomous Organizations - Web3.0 and the rise of decentralized technologies such as blockchain,...more

Goodwin

CFPB Issues Interpretive Rule Clarifying Tech Service Providers Are Subject to CFPA

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Regulatory Developments - CFPB Issues Interpretive Rule: Tech Firms and Digital Marketers Acting as Service Providers Are Subject to CFPA - On August 10, the CFPB issued an interpretive rule clarifying that tech firms...more

Akin Gump Strauss Hauer & Feld LLP

Regulatory Investigations and Enforcement Trends in 2022

The New Year Brings a New Enforcement Focus on Emerging Technology - In 2021, newly confirmed members of the Biden administration set the stage for increased enforcement activity, surging resources to investigations and...more

Katten Muchin Rosenman LLP

Crypto, Meet ESG; ESG, Meet Crypto

The blockchain technology that powers cryptocurrency originated in an obscure white paper, anonymously published under the name Satoshi Nakamoto in 2008. In the 13 years following its publication, the cryptocurrency industry...more

Sheppard Mullin Richter & Hampton LLP

Wyoming Takes the Lead With Decentralized Autonomous Organizations

It is called the Cowboy state for a reason. With varied terrain and a hearty population Wyoming has long been a haven for independent thinkers and doers – pioneers. The Wyoming legislature recently underscored that truth with...more

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