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Delegation Dilemma: CFTC Rule Allows Staff to Circumvent Notice and Comment Rulemaking

The Commodity Futures Trading Commission ("CFTC") published a final rule on April 30, 2024, altering how covered entities fulfill their large trader reporting obligations ("the LTR Rule") and granting CFTC staff significant...more

CFTC Staff Advisory Warns That SEF Prime Brokerage Arrangements Might Require DCO Registration

This advisory is the latest Commodity Futures Trading Commission ("Commission" or "CFTC") staff action conveying a Commission or staff view that CFTC registrants conducting business in nontraditional ways may need to register...more

CFTC Goes Beyond the Law to Pursue Nonexistent "Markets"

In Short - The Situation: The Commodity Futures Trading Commission ("CFTC") staff have issued—and the Commission is now enforcing—a new interpretation of "swap execution facility" that expands the Commodity Exchange Act's...more

White House Instructs Agencies to Analyze and Mitigate "Climate-Related Financial Risk"

Executive Order directs whole-of-government approach and broad regulatory effort. On May 20, 2021, President Biden issued an Executive Order ("Order") directing agencies to analyze and mitigate "climate-related financial...more

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