Crypto & Politics: Insights from Former Congressman David McIntosh
Podcast - Cracking Down on Carbon Markets: CFTC and FTC Exercise Heightened Scrutiny
How Technology Has Transformed Today’s Agriculture Commodities Market
Risky Business: Effective Commodity Risk Management
A Discussion on Environmental Commodities with Bill Flederbach, President and CEO at ClimeCo
JONES DAY TALKS®: CFTC and DOJ Target Derivatives Trading Across Industries
A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities
Path Forward: Borrowing Base Redeterminations In A Restructuring World
Episode 3 - The Freeman Law Project - Cryptocurrency Regulation and Taxation: A Brief Primer
Regulation 2013: Dodd-Frank Position Limits, CFTC Reuthorization, Regulatory Harmonization
In a victory for the Commodity Futures Trading Commission (CFTC), a federal court has granted summary judgment in favor of the agency in its case against Sam Ikkurty and his company Ikkurty Capital LLC. The ruling, issued by...more
After many iterations over the years attempting to regulate the cryptocurrency space, the House of Representatives passed the Financial Innovation and Technology for the 21st Century Act, or FIT21 Act, on May 22, 20241. The...more
FIT21 would provide regulatory certainty for the US digital asset ecosystem, balancing support for innovation with consumer protection....more
At an industry event in early 2023, Commodity Futures Trading Commission (CFTC or the Commission) Chairman Rostin Behnam set out a comprehensive agenda to include nearly three dozen rulemaking proposals as well as “business...more
Combined, the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) have awarded more than $2 billion to whistleblowers. The agencies’ whistleblower programs, which were created...more
There should be a short answer to the question of which whistleblower program applies in which situation. And sometimes there is; but not always. Securities (like stocks) are regulated by the SEC (Securities and Exchange...more
A framework for a potential bill that would provide (1) the Commodity Futures Trading Commission exclusive jurisdiction over digital commodity transactions occurring on or with three new types of registrants and (2) an...more
On May 24, 2023, Edward A. Imperatore, a partner in Morrison Foerster’s Investigations + White-Collar Defense group and former Assistant U.S. Attorney for the Southern District of New York, moderated a panel, entitled “Market...more
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
On April 28, bipartisan lawmakers in the U.S. House of Representatives introduced legislation, allowing the Commodity Futures Trading Commission (CFTC) to oversee cryptocurrency spot markets. The legislation intends to create...more
In the rapidly moving world of digital assets, specifically non-fungible tokens (NFTs), we begin to gain some clarity on their future. Creators and regulators alike have speculated about when and how NFTs will be regulated. A...more
Senators Kirsten Gillibrand (D-NY) and Cynthia Lummis (R- WY) introduced new proposed legislation on June 7, 2022, which would classify the vast majority of digital assets as commodities, and empower the Commodities Futures...more
Policymakers introduced bipartisan legislation in the Senate on June 7 seeking to provide a comprehensive regulatory framework for cryptocurrency in the United States. The drafters of the legislation tout it as the first...more
Major Developments- Federal Reserve Board Minutes of the Federal Open Market Committee, May 3-4, 2022- The Federal Reserve Board and the Federal Open Market Committee released the attached minutes of the Committee...more
Our fifth episode provides an overview of the key legal issues facing cryptocurrencies and blockchain in the U.S....more
An ambitious proposal could bring digital assets into the mainstream regulatory fold. During an eventful summer for the digital assets industry, it may have been easy to miss US Representative Don Beyer’s introduction of the...more
Cryptocurrencies are one of the fastest growing asset types worldwide. Cryptocurrencies, as an asset class, total over $1.5 trillion in market capitalization. With the rapid growth of this asset type, SEC Chair Gary Gensler...more
On August 10, 2021, the Commodity Futures Trading Commission (CFTC) announced that the US District Court for the Southern District of New York entered a consent order against HDR Global Trading Limited, 100x Holding Limited,...more
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
The Department of Justice ("DOJ") and the Commodity Futures Trading Commission ("CFTC") in recent years have worked closely together to target companies and individuals for violations of the Commodity Exchange Act and other...more
The Commodity Futures Trading Commission (CFTC) Settlements Timeline serves as an interactive compilation of select CFTC guidance, enforcement actions, and speeches relating to the application of the federal securities laws...more
Some virtual currency units and positions are treated as commodities by the CFTC and US courts. The IRS has told taxpayers that it views convertible virtual currency as property, not foreign currency, for federal tax...more
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
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
Strikeout for Bitcoin ETF - Another ETF bites the dust. On February 26th the SEC rejected the application of NYSE Acre for the approval of an exchange traded fund sponsored by the New York firm of Wilshire Phoenix to...more