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Faegre Drinker Biddle & Reath LLP

CFTC Cracks Down: Escalating Enforcement and Raising the Stakes in the Voluntary Carbon Market

The Commodity Futures Trading Commission (CFTC) has taken a significant step in its oversight of the voluntary carbon markets with a recent enforcement action against defendants who misappropriated funds through a carbon...more

Katten Muchin Rosenman LLP

Ether’s Legal Status Clarified? CFTC Scores Win as Court Backs Agency’s Commodity Classification

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

Manatt, Phelps & Phillips, LLP

House Passes Cryptocurrency Bill Promising Regulatory Clarity

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

Cadwalader, Wickersham & Taft LLP

Groundbreaking and Informative – CFTC’s KuCoin Complaint

On March 26, 2024, the U.S. Commodity Futures Trading Commission (“CFTC”) filed a complaint (the “Complaint”) in the U.S. District Court for the Southern District of New York (“SDNY”) for injunctive and other relief against...more

Bass, Berry & Sims PLC

FCPA Enforcement Update: Commodities Trader Agrees to Almost $100 Million Fine

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On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation...more

Womble Bond Dickinson

2024 Energy Transition Outlook Survey Report

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Womble Bond Dickinson (WBD)’s 2024 Energy Transition Outlook Survey Report points to a new phase in the multi-generational journey to Net Zero. While 56% of our respondents are deepening their focus on their transition...more

Kohn, Kohn & Colapinto LLP

SEC, CFTC Pass $2 Billion Award Milestone but Reforms are Still Needed

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

Pollock Cohen LLP

Financial Frauds 101 Overview: What’s a Security? What’s a Commodity? Which Whistleblower Program Applies?

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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

BakerHostetler

U.S. Exchange Closes, Swiss Bank Expands Crypto Offerings; NFA Issues Digital Asset Commodities Rule; Crypto Enforcement...

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Crypto Exchange Ends U.S. Operations, Swiss Bank to Expand Crypto Offerings - Late last month, Bittrex, a leading cryptocurrency exchange founded in Seattle, announced it was closing U.S. operations effective April 30,...more

Skadden, Arps, Slate, Meagher & Flom LLP

NYAG Files Action Against Crypto Trading Platform, Takes Position That ETH Is a Security

On March 9, 2023, the New York State Attorney General’s Office (NYAG) filed a lawsuit charging crypto trading platform KuCoin for “failing to register as a securities and commodities broker-dealer and falsely representing...more

Opportune LLP

Q&A: The State Of Oil & Gas M&A Activity & What To Expect In 2023

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The current landscape of M&A and A&D dealmaking in the U.S. oil and gas industry looks a lot different than what it did in the 2015-2019 period. During the pandemic, commodity prices sank to historically low levels (WTI crude...more

A&O Shearman

Abu Dhabi Global Market Enhances Its Environmental, Commodities, Digital and Capital Markets Framework

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The Abu Dhabi Global Market (ADGM) has recently published new financial services amending regulations and various amended rulebook modules. These wide-ranging measures update ADGM’s rules on environmental matters, virtual...more

Perkins Coie

Fundamentals of Non-Fungible Tokens

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Non-fungible tokens (NFTs) have been widely adopted by the sports, arts, music, gaming, fashion, and other industries. Behind the hype is a fast-developing ecosystem of technical and commercial innovation that is embracing...more

Opportune LLP

Oil & Gas Companies Continued To Hedge Before Price Spikes

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Hedging remains a mainstay activity for many oil and gas producers to protect cash flows and manage operating budgets. However, these hedge programs and coverage levels were in place before price increases that occurred in...more

White & Case LLP

Mining & metals 2022: ESG and energy transition – the sector's biggest opportunity

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Against a backdrop of record commodity prices and the pressure for miners to boost their ESG credentials, the sector is seeking to position itself as a trusted partner in fighting climate change. Will 2022 cement the mining &...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

McDermott Will & Emery

CFTC Steps up Activity in the Cryptocurrency Space with Latest Action for Violations of the Commodity Exchange Act and CFTC...

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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

Opportune LLP

3 Reasons Why ESG Is Here To Stay In The Oil & Gas Industry

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Find out why ESG and sustainability investing will likely be a permanent fixture among oil and gas companies, as well as their investors and stakeholders, for years to come....more

Akin Gump Strauss Hauer & Feld LLP

Reminder Regarding the Jurisdictional Reach and Limits of U.S. Export Control, Sanctions, and Foreign Investment Regulations

United States export control, sanctions, and foreign investment (CFIUS) regulations advance U.S. national security and foreign policy interests, but in very different ways. They are also quite complex. As a result, media...more

Dechert LLP

Potential Expansion of U.S. Export Controls: “Foundational” Technologies, Commodities and Software

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The Department of Commerce, Bureau of Industry and Security (“BIS”), published an advance notice of proposed rulemaking (“the Notice”), on August 27, 2020, announcing the initiation of its review of foundational technologies...more

Jones Day

First Department Upholds NY AG's Authority to Investigate Virtual Currency Under the Martin Act

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The Development: The First Department held that the New York Attorney General ("NYAG") has broad authority to investigate virtual currency companies, while narrowing the scope of jurisdictional challenges that can be made to...more

McDermott Will & Emery

Can a Virtual Currency Position Be Treated as a Commodity for Tax Purposes?

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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

A&O Shearman

CFTC Approves Proposed Rule on Post-Trade Name Give-Up on Swap Execution Facilities

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In the wake of significant market discussion, the CFTC has proposed an amendment to Part 37 of the Commission’s regulations to eliminate the practice of “post-trade name give-up” for swaps traded on certain swap execution...more

Polsinelli

BitBlog Bi-Weekly Update - March 2020

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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

Polsinelli

Blockchain Litigation Year in Review (Part 1): Lessons From 2019 And What’s Ahead For 2020

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When is a digital asset a security or a commodity? Are SAFTs safe? Does hyping blockchain create an expectation of profit? Is blockchain a trademark, trade secret or neither? Are free tokens tax-free? Who is Satoshi Nakamoto?...more

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