News & Analysis as of

Commodity Futures Contracts

The Delta Report: Regulators begin Volcker Rule review, signaling potential for needed clarifications

by White & Case LLP on

Broadly, the Volcker Rule prevents insured depository institutions, their parent holding companies and foreign banks that have US subsidiary banks or US banking offices, as well as the affiliates or subsidiaries of any of the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Samsung, beset by top-level resignations and a mess of bribery allegations reaching the former South Korean President and the crown prince of the family’s chaebol, has announced a new slate of execs “In an effort to bring...more

Dealmaking in an uncertain economy: Currency risk: Here to stay

by White & Case LLP on

Tom Speechley, Partner at The Abraaj Group, examines how private equity GPs are managing the associated risks of currency volatility in emerging markets There is no doubt that currency volatility has been one of the major...more

Dealmaking in an uncertain economy: To hedge, or not to hedge?

by White & Case LLP on

David Fann, President and CEO, TorreyCove Capital Partners outlines some possible options for currency risk management within a private equity portfolio....more

Chris Lazarini Examines Whether a Commodity Futures Contract is a "Security"

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the appellate court upheld a jury verdict in favor of Plaintiff, finding commodity futures contracts are not "securities" and Plaintiff, who was trading them...more

HKMA issues guideline on exercising disciplinary power to order pecuniary penalty under the Securities and Futures Ordinance...

by White & Case LLP on

The Securities and Futures Ordinance (Chapter 571) ("SFO") regulates the financial products, securities and futures market and industry in Hong Kong. The SFO also provides a comprehensive civil and criminal regime to address...more

European Margin Rules for Non-cleared OTC Derivatives – The Margin Big Bang

by White & Case LLP on

After a six-month delay, the rules governing the mandatory posting of collateral for uncleared derivatives entered into force on 4 January 2017. By 1 March 2017, all in-scope counterparties will be obliged to post variation...more

"House Bill to Shake Up CFTC Rulemakings"

Less than two weeks into the new congressional session, the U.S. House of Representatives passed by a vote of 239 to 182 the Commodity End-User Relief Act1 (the Bill or House Bill), marking the first step by the new...more

CFTC Proposes New Rule Allowing it to Obtain Trading Firm’s Trade Secrets Without Due Process

by Seyfarth Shaw LLP on

As the Obama administration winds down, its regulators are showing no signs of letting up. Last week the Commodities Futures Trading Commission (CFTC) decided that it should no longer be constrained by its subpoena power...more

EU Final Legislation on Requirements for Firms to Hold Information on Financial Contracts

by Shearman & Sterling LLP on

A Commission Delegated Regulation outlining Regulatory Technical Standards specifying the information on financial contracts that a firm may be required to maintain was published in the Official Journal of the European...more

Investing Private Foundation Assets: What Every Foundation Manager Should Know

Those responsible for managing a private foundation’s investment assets may not always understand the unique fiduciary and tax constraints imposed on private foundations and their managers by both state and federal law....more

Investment Management Legal + Regulatory Update - August 2016

by Morrison & Foerster LLP on

Regulation - Next on the SEC’s Regulatory Agenda: A Chief Valuation Officer? - First, the SEC required funds to designate a chief compliance officer. Then, the SEC proposed that funds designate a liquidity...more

PROMESA Shields Puerto Rico Behind a New Automatic Stay

by Bryan Cave on

On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) into law. The most significant portions of PROMESA are found in titles I and II, which establish an...more

The potential impact of Brexit on the EU Emission Trading System and future UK climate policy

by Reed Smith on

Through the referendum held on 23 June 2016, the United Kingdom voted to end its membership of the EU. Although the timeframe for withdrawal under Article 50 of the Lisbon Treaty limits the window for negotiations to two...more

Your daily dose of financial news - The Brief – 6.20.16

by Robins Kaplan LLP on

Here’s a sign of the times, or at least, the changing tenor of banking in America. After years of exclusivity that saw it refusing customers with less than $10 million on hand, Goldman Sachs is opening itself up to common...more

CFTC Collects $2.69 Million in Spoofing Action

The CFTC announced that a federal court in New York issued a Consent Order imposing a permanent injunction against CFTC Defendants Heet Khara and Nasim Salim, residents of the United Arab Emirates (UAE), prohibiting them from...more

Your daily dose of financial news The Brief – 2.25.16

by Robins Kaplan LLP on

Japan’s Sharp Corp.—a 103-year-old company that’s progressed from mechanical pencils (“Ever-SHARP”) to calculators to LCD TVs—has surprised many by agreeing to a $6.24 billion takeover offer from Taiwan’s Foxconn (best known...more

SDNY Dismisses Silver Monopolization Lawsuit but Leaves Door Open for Future Antitrust Suits Concerning Manipulations in the...

On January 12, 2016, Judge Engelmayer of the Southern District of New York dismissed a lawsuit against JP Morgan which alleged the bank (and some of its subsidiaries) monopolized silver futures spread trading in late 2010 and...more

CFTC Brings First Ever Charges for Insider Trading in Commodities

The CFTC issued an Order filing and simultaneously settling charges against Arya Motazedi for engaging in fraudulent transactions in the New York Mercantile Exchange’s (NYMEX) RBOB Gasoline Physical futures contract and CL...more

Draft Derivatives Laws Issued for the Canadian Cooperative System Harmonize Divergent Provincial Approaches

Draft derivatives regulations and a revised draft of the uniform Capital Markets Act (CMA) were issued in August 2015 as part of the process to implement the new Cooperative Capital Market Regulatory System (Cooperative...more

National Futures Association Issues Updated Self-Examination Questionnaire

by Katten Muchin Rosenman LLP on

The National Futures Association (NFA) has updated the Self-Examination Questionnaire that all NFA members must complete annually. The revised questionnaire incorporates recent changes to NFA rules and Commodity Futures...more

Commerce Department Survey of Financial Services Transactions with Foreign Persons Due November 1, 2015

by Goodwin on

The Commerce Department’s BE-180 Survey of Financial Services Transactions is a mandatory benchmark survey conducted every five years and administered by the Bureau of Economic Analysis (the “BEA”). Reports are required by...more

Energy Newsletter - October 2015

by King & Spalding on

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

Orrick's Financial Industry Week in Review

CFTC Announces Proposal to Amend the Definition of "Material Terms" - On September 10, the U.S. Commodity Futures Trading Commission Division announced that it will publish in the Federal Register a proposed amendment to...more

FCA Publishes New Market Watch Focusing on Commodities Traders and Market Abuse

On September 3, the Financial Conduct Authority (FCA) published issue 49 of Market Watch, its newsletter on market conduct and transaction reporting issues. In it, the FCA sets out its findings following a thematic review it...more

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