News & Analysis as of

Futures Commodities

Dechert LLP

HK Regulators Ready to Approve Spot Crypto ETFs

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Opening the door for retail Investors: SFC-authorized virtual asset funds On 22 December 2023, the Hong Kong Securities and Futures Commission (SFC) issued a circular on SFC-authorized funds with exposure to virtual assets...more

WilmerHale

NFA Digital Asset Compliance Rule Goes Effective May 31

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Starting May 31, National Futures Association (“NFA”) Members and Associates that engage in digital asset commodity activities must comply with NFA Compliance Rule 2-51 (“Rule 2-51” or the “Rule”) regarding anti-fraud, just...more

Goodwin

National Futures Association to Expand Compliance Rulebook to Address Member Activities in Spot Digital Asset Commodities

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On February 28, 2023, the National Futures Association (NFA), the self-regulatory organization for U.S. derivatives market participants, submitted to the Commodity Futures Trading Commission (CFTC) for approval a new...more

Cadwalader, Wickersham & Taft LLP

SVB and Signature Bank Resolution – CFTC-Related Implications

Many of the transactions involving qualified financial contracts (“QFC”) with Silicon Valley Bank (“SVB”) and Signature Bank constitute Commodity Futures Trading Commission (“CFTC”) jurisdictional transactions that may be...more

Katten Muchin Rosenman LLP

Broker-dealer/FCMs! You need to have a talk with your clients about AEX Index Futures

Last month, Euronext published a notice to clients that will be of interest to US broker-dealers and FCMs who facilitate client execution and clearing of futures contracts listed on Euronext. The notice advises that from 20...more

Katten Muchin Rosenman LLP

The Oliver Wyman Report

Thankfully, futures clearinghouses do not fail often; it’s happened three times in history, most recently in 1987. But last year, in the first week of March, the clearinghouse of the London Metal Exchange, LME Clear, had an...more

Latham & Watkins LLP

Digital Commodities Consumer Protection Act Seeks to Empower CFTC

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The latest bipartisan crypto bill would give the CFTC new tools and authorities to regulate digital commodities, with a focus on market integrity and consumer protection. On August 3, 2022, a bipartisan group of US...more

Jones Day

Derivatives Markets Under Sanction and Pandemic Pressure: How to Respond

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Russia's invasion of Ukraine has disrupted the supply of many commodities. Prices of a number of commodities increased substantially from December 2021 to March 2022: crude oil prices and wheat prices increased by more than...more

Opportune LLP

Hyperinflation: Crude Oil Prices To Infinity & Beyond

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Find out why rising crude oil prices could pose a hyperinflationary threat to the U.S. economy....more

Nelson Mullins Riley & Scarborough LLP

The Only Thing to Fear is Fear Itself or Digital Asset Fund and Futures

President Franklin D. Roosevelt once noted: “The only thing to fear is fear itself ... ” Apparently, some in the federal government no longer share this belief. In a recent Investor Bulletin[2] (“Bulletin”), the Securities...more

Nossaman LLP

Many Opposing Views on California’s New Water Futures Market

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As of December 7, 2020, water has been included as a traded commodity on the Chicago Mercantile Exchange (“the Merc”). According to a recent Chicago magazine article, “Now cities and farmers can buy futures in California’s...more

Morgan Lewis - Power & Pipes

Another Guilty Plea in Insider Trading Case Under CFTC’s Anti-Manipulation Rule

A natural gas trader pleaded guilty in federal district court last week to conspiring to commit commodities fraud and wire fraud in an insider trading scheme over natural gas futures. His co-conspirator had pleaded guilty...more

Orrick, Herrington & Sutcliffe LLP

CME Group to Launch a Global Emissions Offset Futures Contract

CME Group has announced plans to launch a carbon futures contract intended to offer a transparent, standardised and market-based solution to manage global emissions risk. ...more

The Volkov Law Group

Deutsche Bank Agrees to Pay $130 Million to Resolve FCPA and Fraud Cases (Part I of II)

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Deutsche Bank, the infamous German bank connected to President Trump, settled FCPA and fraud cases with the Justice Department and the SEC, and agreed to pay a total of $130 million....more

Morgan Lewis - Power & Pipes

CFTC Releases Interim Report into April WTI Futures Price Collapse; Commissioner Berkovitz Issues Scathing Critique

The Commodity Futures Trading Commission (CFTC) recently issued an interim report by CFTC Staff on the April 2020 price collapse of the West Texas Intermediate light sweet crude oil futures contract (WTI Futures Contract)....more

Orrick, Herrington & Sutcliffe LLP

Recent CFTC Guidance: Cooperation, Self-Reporting, and Remediation in Enforcement Matters

On October 29, 2020, the CFTC’s Division of Enforcement (DOE) issued guidance to the enforcement staff in considering whether to recommend that a respondent receive recognition for cooperation, self-reporting, and remediation...more

Orrick, Herrington & Sutcliffe LLP

CFTC Enforcement Actions and Decisions of Note: Extensive Spoofing in Crude Oil Futures

Continuing its aggressive enforcement of the anti-spoofing law enacted under the 2010 Dodd Frank Act, the CFTC recently filed an enforcement action—currently being litigated—against Roman Banoczay Jr., Roman Banoczay Sr., and...more

Dechert LLP

CFTC Adopts New Federal Position Limits and Amendments

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The Commodity Futures Trading Commission, by a 3-2 vote on October 15, 2020, adopted amendments to Part 150 of the CFTC Regulations (Amendments). Part 150 currently imposes federal speculative position limits on nine futures...more

Tonkon Torp LLP

The Future(s) Of Water

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How much will water be worth in the future? We may soon find out. For years, investors have traded “futures” contracts in corn, soybeans, crude oil, silver, and gold. A futures contract is simply an enforceable agreement...more

Perkins Coie

Part 3: CFTC Finalizes Guidance on Digital Assets in the Context of Retail Commodity Transactions

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This is the third and final part of our update series on the CFTC’s recent Guidance related to the “actual delivery” of a digital asset for purposes of the retail commodity transaction provisions of the Commodity Exchange...more

Opportune LLP

$42/bbl Crude Oil Price In A Month? Here’s How It Could Happen

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After dipping into negative territory for the first time ever in April, find out how crude oil prices could be headed towards $42/bbl....more

Perkins Coie

Part 2: CFTC Finalizes Guidance on Digital Assets in the Context of Retail Commodity Transactions

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The Regulation of Retail Commodity Transactions—History and Background - On March 24, 2020, the U.S. Commodity Futures Trading Commission (the Commission or the CFTC) finalized long-awaited interpretive guidance regarding...more

Perkins Coie

CFTC Finalizes Guidance on Digital Assets in the Context of Retail Commodity Transactions

Perkins Coie on

On March 24, 2020, the U.S. Commodity Futures Trading Commission (the Commission or the CFTC) finalized long-awaited interpretive guidance regarding what constitutes the “actual delivery” of a digital asset in the context of...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Clarifies Meaning of ‘Actual Delivery’ in Margined, Leveraged or Financed Retail Transactions in Virtual Currencies

On March 24, 2020, the Commodity Futures Trading Commission (CFTC or Commission) voted unanimously to adopt an interpretation of the term “actual delivery” with respect to retail virtual currency transactions (2020 Guidance)....more

Hogan Lovells

Energy and metals companies and funds beware: Your trading positions may be "limited"

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On 30 January 2020 the Commodity Futures Trading Commission (CFTC) approved on a 3-2 vote proposed rules addressing position limits on speculative derivatives (Position Limits Proposal). The Position Limits Proposal has a...more

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