News & Analysis as of

Commodities Enforcement Authority

Holland & Knight LLP

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

Holland & Knight LLP on

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

Cadwalader, Wickersham & Taft LLP

Subscribe Proposed Bicameral Legislation to Broaden FERC’s Enforcement Jurisdiction over Trading Energy Commodities

Earlier this month members of Congress jointly introduced the “Energy Consumer Protection Act of 2023,” with the intention of expanding the Federal Energy Regulatory Commission’s (“FERC”) ability to address energy market...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

Latham & Watkins LLP

New US Digital Assets Bill Casts Wide Net

Latham & Watkins LLP on

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

Latham & Watkins LLP

Insider Trading in Commodities Markets: An Evolving Enforcement Priority

Latham & Watkins LLP on

The CFTC and the DOJ both now pursue enforcement actions against trading in commodities based on misappropriation of confidential information. Among the many changes resulting from the Dodd-Frank Wall Street Reform and...more

Holland & Hart LLP

FDA Cracks Down on Pet Products Containing CBD After USDA Clears Path for Hemp Production

Holland & Hart LLP on

Although more and more pet owners are turning to CBD products to treat their pets, new action by the FDA is a stark reminder that those CBD pet products found on-line and in stores are considered illegal at the federal level....more

Hogan Lovells

FDA Announces Produce Safety Rule Enforcement Discretion Policy for Almonds, Pulse Crops, Wine Grapes, and Hops under FSMA

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) has issued Guidance detailing its intent to exercise enforcement discretion for the requirements of the Produce Safety rule as they apply to entities growing, harvesting, packing,...more

Kramer Levin Naftalis & Frankel LLP

Virtual Currencies Are Commodities: Federal Court

The U.S. District Court for the District of Massachusetts recently sided with the Commodity Futures Trading Commission (CFTC) and decided that virtual currencies are commodities. This ruling confirms the regulator’s...more

Hogan Lovells

A look at the regulators that could and should regulate cryptocurrencies in the United States

Hogan Lovells on

Bitcoin and other digital assets were conceived as radical, decentralized currencies that would operate independently, outside of traditional banking systems and unencumbered by regulations....more

Brownstein Hyatt Farber Schreck

Judge: The CFTC Has Authority to Regulate All Cryptocurrencies as Commodities

On Sept. 26, 2018, Judge Rya Zobel, of the United States District Court of Massachusetts, held for the purposes of ruling on a pretrial motion that all crypto or virtual currencies are “commodities,” regardless of whether the...more

Burr & Forman

Massachusetts District Court Finds Virtual Currencies Are Commodities

Burr & Forman on

In Commodity Futures Trading Commission v. My Big Coin Pay, Inc., — F. Supp. 3d —, 2018 WL 4621727 (D. Mass. Sept. 26, 2018), the Massachusetts District Court determined that the Commodity Futures Trading Commission (“CFTC”)...more

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