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Commodities Futures Trading Commission Regulatory Oversight

The United States Commodities Futures Trading Commission was created in 1974 to regulate commodity futures and option markets. The Commission’s mission is to protect market participants and the public from... more +
The United States Commodities Futures Trading Commission was created in 1974 to regulate commodity futures and option markets. The Commission’s mission is to protect market participants and the public from fraud, abuse, and systemic risk associated with derivatives subject to the Commodities Exchange Act. In 2010, as a result of the Frank-Dodd Wall Street Reform and Consumer Protection, the Commission’s role was expanded to include drafting rules for regulating the swaps marketplace. less -
Parker Poe Adams & Bernstein LLP

Draft Bill Would Put Crypto Primarily Under CFTC Oversight

A bipartisan discussion draft of a bill by Sen. John Boozman (R-AR) and Sen. Cory Booker (D-NJ) proposes giving primary oversight of cryptocurrency to the Commodity Futures Trading Commission, lessening the jurisdiction of...more

Paul Hastings LLP

Roadmap to DACPA: The Time to Prepare and Engage Is Now

Paul Hastings LLP on

If your business is connected in any way to the digital asset industry, then you should pay attention to Illinois’ new law regulating digital assets. Illinois recently passed the Digital Assets and Consumer Protection Act...more

Orrick, Herrington & Sutcliffe LLP

Clarity Act Coming Into Focus

The proposed Digital Asset Market Clarity Act would establish a comprehensive, top-down regulatory framework for digital assets that reflects a growing bipartisan push in Congress for clear oversight of the digital asset...more

Morgan Lewis

CFTC at a Crossroads: Enforcement, Innovation, and the Road Ahead

Morgan Lewis on

The CFTC is refocusing efforts to balance between commission oversight and delegated chair authority...more

Paul Hastings LLP

Federal Government Is Back to Work: Updates on Market Structure Legislation, Howey Test Application, ETP Staking, Crypto Spot...

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With the government shutdown ending, federal agencies, including the CFTC and SEC, are resuming operations and making further progress on crypto-related policy. On Capitol Hill, the Senate Agriculture Committee released a...more

Orrick, Herrington & Sutcliffe LLP

SEC chair outlines ‘Project Crypto’ vision and approach for digital asset regulation

On November 12, SEC Chair Paul S. Atkins spoke at the Federal Reserve Bank of Philadelphia, describing the agency’s evolving approach to digital assets under its digital asset regulatory initiative, “Project Crypto.” ...more

Orrick, Herrington & Sutcliffe LLP

Senate agriculture committee publishes bipartisan discussion draft proposing a CFTC-led digital commodity regulatory framework

On November 10, Senate Agriculture Committee Chairman John Boozman (R-AR) and Senator Cory Booker (D-NJ) released a bipartisan discussion draft proposing to grant the CFTC exclusive jurisdiction over spot digital commodity...more

Lowenstein Sandler LLP

Crypto Brief - Lowenstein Crypto Newsletter - November 13, 2025

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Senate Agriculture Committee Releases Discussion Draft of Bipartisan Market Structure Bill - On Nov. 10, the U.S. Senate Committee on Agriculture, Nutrition & Forestry (Committee) released a discussion draft of legislation...more

McGuireWoods Consulting

Senate Releases Bipartisan Draft To Regulate Digital Commodity Markets

McGuireWoods Consulting on

Overview - On Nov. 10, 2025, Senate Agriculture Committee Chairman John Boozman, R-AR, and Sen. Cory Booker, D-NJ, released a bipartisan discussion draft to establish a federal framework for regulating spot digital...more

Baker Donelson

CFTC Withdraws Voluntary Carbon Credit Derivatives Listing Guidance

Baker Donelson on

The Commodity Futures Trading Commission (CFTC) withdrew its guidance on the listing of voluntary carbon credit derivative contracts (VCCs) on September 10, 2025. This decision marks a significant shift in the regulatory...more

Quinn Emanuel

The White Collar Appeal: Ninth Circuit Decision in Regulatory Crime Case Raises Thorny Constitutional Questions

Quinn Emanuel on

Background - Gregory Pheasant was riding a dirt bike without a working taillight on land owned by the Bureau of Land Management (BLM) outside Reno, Nevada. Apparently the scourge of inadequately illuminated dirt bikes has...more

Katten Muchin Rosenman LLP

Are You Using 'Finfluencers': Practical Guidance for CFTC-Registered Derivatives Intermediaries and Exchanges

Retail participation in futures, forex and swaps has accelerated markedly in recent years, propelled by low-cost access, mobile platforms and growing interest in crypto-referenced instruments, event contracts and micro-sized...more

Moore & Van Allen PLLC

The Desk: November

Moore & Van Allen PLLC on

In keeping with the theme of things during the U.S. government shutdown, this month’s edition of The Desk does not follow our traditional order. Instead of launching into our Enforcement Round-Up first, we begin with the...more

Paul Hastings LLP

What You Should Know About the CFTC, Part 3: Looking Forward

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In Part 3 of this three-part series, we address the current outlook of the CFTC and how it may evolve given changes in leadership. In late October, the Trump administration nominated Michael Selig to serve as the new CFTC...more

Brownstein Hyatt Farber Schreck

Nevada Gaming Control Board Issues Guidance Concerning Sports Event Contracts

In the midst of its ongoing litigation with three leading prediction market companies, also known as “designated contract markets” or[JS1]  “DCMs,” the Nevada Gaming Control Board (“NGCB” or “Board”) recently issued guidance...more

Ropes & Gray LLP

Crypto Quarterly: Digital Assets, Blockchain, and Related Technologies Update

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The landscape of government enforcement, private litigation, and federal and state regulation of DIGITAL ASSETS, BLOCKCHAIN, AND RELATED TECHNOLOGIES is constantly evolving. Each quarter, Ropes & Gray attorneys analyze...more

Mayer Brown Free Writings + Perspectives

NFA Streamlines Process for Virtual Currency Activities by CFTC Registrants

On October 17, 2025, the National Futures Association (“NFA”) announced a proposal to repeal requirements that firms that are registered with the Commodity Futures Trading Commission (“CFTC”) must make certain disclosures to...more

Morrison & Foerster LLP

CFTC Announces Policy Governing Criminal Referrals to Department of Justice

Morrison & Foerster LLP on

The CFTC issued the Policy Statement and prior Staff Advisory Letter 25-19 in response to Executive Order 14294, “Fighting Overcriminalization in Federal Regulations,” issued on May 9, 2025. The Executive Order directs...more

Barnea Jaffa Lande & Co.

My Forex Funds Lawsuit: Warning to the Proprietary Trading Sector

Barnea Jaffa Lande & Co. on

In May 2025, a US federal court dismissed the US Commodities Futures Trading Commission’s  (CFTC) fraud lawsuit against the proprietary trading company My Forex Funds (MFF). At first glance, this may seem like a resounding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Democratic DeFi Proposal Highlights Competing Visions for Cryptoasset Market Structure Regulation

A new Democratic counterproposal on DeFi regulation highlights several policy differences over how to regulate digital asset market structure in the U.S. Due to policy disagreements, lawmakers remain at odds over the timeline...more

Seward & Kissel LLP

Gone in 60 Seconds

Seward & Kissel LLP on

Late on October 10, 2025, a cascade of events led to a crash of cryptocurrency markets. While the main source of the crash is still in dispute (Was it a deliberate attack? A systemic failure? Too much leverage? Lack of...more

Troutman Pepper Locke

Kalshi Sues Ohio Regulator Over Authority Dispute

Troutman Pepper Locke on

On October 7, 2025, Kalshi, a platform specializing in prediction market trading, filed a lawsuit against the Ohio Casino Control Commission (OCCC) and Ohio attorney general (AG), alleging that their regulatory actions...more

Katten Muchin Rosenman LLP

CFTC Acting Chairman Pham Outlines a Technology‑Neutral Approach to Digital Assets and Agency Modernization

At the Futures and Derivatives Law Report Digital Asset Leadership Summit, Commodity Futures Trading Commission (CFTC) Acting Chairman Caroline D. Pham described a measured and practical approach to digital assets and market...more

Alston & Bird

CFTC Advisory 25-36 Warns of State-Level Challenges to Sports-Event Contracts—What Market Participants Should Know

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Our Investment Funds Team outlines key takeaways from Commodity Futures Trading Commission’s (CFTC) Staff Advisory 25-36 that offers guidance to trading platforms and investment managers involved in sports-related event...more

Morgan Lewis

Securities Enforcement Roundup – September 2025

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In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments from September 2025. ...more

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