News & Analysis as of

Commodity Futures Contracts

A&O Shearman

UK Updates and Expands Equivalence for US Derivatives Trading Venues

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The Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024 (SI 2024/638) were made on May 14, 2024 and entered into force on June 4, 2024. In...more

Holland & Knight LLP

Colombia: No aplica límite de costos y deducciones a "futuros" transados en el exterior

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En Concepto 100202208-0758 del 23 de abril de 2024, la Dirección de Impuestos y Aduanas Nacionales (DIAN) de Colombia reconoció que a los costos y deducciones asociados a los "contratos de futuros" transados en la bolsa de...more

Cadwalader, Wickersham & Taft LLP

Fight Over Political Event Futures Contracts Remains Contentious

On September 22, the U.S. Commodity Futures Trading Commission (the “CFTC” or the “Commission”) issued an order disapproving the listing and trading of congressional control event contracts by KalshiEX, LLC (the “Kalshi...more

Cadwalader, Wickersham & Taft LLP

CFTC Urges Potential Whistleblowers to Report Carbon Credit Misconduct

The Whistleblower Office of the Division of Enforcement of the Commodity Futures Trading Commission (CFTC) issued an alert on June 20, 2023 advising the public on how to identify and report potential violations connected to...more

Stikeman Elliott LLP

Now in Effect: Exemptions for International Dealers and Advisers Under the Ontario Commodity Futures Act

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On October 17, 2022, Ontario Securities Commission (OSC) Rule 32-506 (Commodity Futures Act) Exemptions for International Dealers, Advisers and Sub-Advisers (OSC Rule 32-506) and amended OSC Rule 91-502 Trades in Recognized...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

Mitchell, Williams, Selig, Gates & Woodyard,...

California Water Index Futures Contracts/Chicago Mercantile Exchange: Food and Water Watch Petition to the U.S. Commodity Futures...

Food and Water Watch (“F&W”) and 138 other organizations submitted a December 20th Petition to the United States Commodity Futures Trading Commission (“CFTC”) asking that the Chicago Mercantile Exchange’s (“CME”) California...more

Morgan Lewis

UK Commodity Derivatives Regime: FCA Not Enforcing Position Limits as HM Treasury Consults on Changes

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The UK Financial Conduct Authority (FCA) announced on July 9 that, while changes to the scope of the UK commodity position limits regime are being consulted on, it will not take enforcement action against firms that breach...more

Lowenstein Sandler LLP

Sub-Zero Oil Isn’t Snake Oil: A First Ruling on Losses From Crude’s Dip Into Negative Prices

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In the wake of the Great Financial Crisis, global financial markets got their first experience of negative interest rates, something classical economists had long thought to be unworkable if not impossible. On April 20,...more

Faegre Drinker Biddle & Reath LLP

The U.S. Department of Justice Releases its Cryptocurrency Enforcement Framework

Earlier this year, the U.S. Department of Justice (“DOJ”) released its highly anticipated Cryptocurrency Enforcement Framework (the “Framework”).  The Framework was developed as part of the Attorney General’s Cyber-Digital...more

Dechert LLP

Registered and Exempt Market Participants May Need to Plan Ahead to Take Action Early in 2021 to Address CFTC and NFA Rule and...

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During the course of 2019 and 2020, the Commodity Futures Trading Commission and the National Futures Association (NFA, the self-regulatory organization for the U.S. futures and swaps industry) have been hard at work amending...more

The Volkov Law Group

DOJ and CFTC Settle Spoofing Case with Scotiabank for $127.4 Million

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In the last five years, the Justice Department and the Commodities Futures Trading Commission have aggressively prosecuted “spoofing” cases.  While the government’s record in these cases has been mixed, the government has...more

King & Spalding

U.S. District Court Dismisses Commodity Exchange Act Claims as Impermissibly Foreign

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On August 27, 2020, Judge George B. Daniels of the U.S. District Court for the Southern District of New York granted a Rule 12(c) motion for judgment on the pleadings made by financial institutions facing benchmark-rigging...more

Dechert LLP

CFTC Sets the Parameters for Which Virtual Currencies are Subject to Full CFTC Jurisdiction by Merit of How They are Bought and...

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The Commodity Futures Trading Commission published in the Federal Register on June 24, 2020 its final interpretive guidance concerning retail commodity transactions involving certain digital assets (2020 Guidance).1 The 2020...more

Bass, Berry & Sims PLC

Chris Lazarini Reviews Anti-Manipulation Provision of the Commodity Exchange Act

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini reviewed a case in which a putative class of individuals that transacted certain Korean futures contracts on the Korea Exchange through the Chicago Mercantile Exchange’s Globex...more

Perkins Coie

CFTC Finalizes Guidance on Digital Assets in the Context of Retail Commodity Transactions

Perkins Coie on

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

Foley & Lardner LLP

Seventh Circuit Nixes Sherman Act Claims Based on the Noerr-Pennington Doctrine and Implied Antitrust Immunity

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After 15 years of heavily contested litigation, the United States Court of Appeals for the Seventh Circuit recently put the kibosh on antitrust claims arising out of the futures trading market. The decision in U.S. Futures...more

Akin Gump Strauss Hauer & Feld LLP

CFTC Re-Proposes Position Limits for Certain Commodity Futures Contracts and Economically Equivalent Swaps

- Federal spot month limits would expand to cover 25 physical commodity futures, as well as certain “look alike” contracts and OTC swaps on the same underlying commodity. - Limits generally would be set at higher levels...more

Morgan Lewis

Latest CFTC Position Limits Proposal: If At First You Don't Succeed, Try, Try Again

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After a decade of rulemaking efforts, the Commodity Futures Trading Commission is proposing revisions to its regulations concerning federal speculative position limits to conform to the Wall Street Transparency and...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Proposes New Rules on Position Limits

On January 30, 2020, the Commodity Futures Trading Commission (CFTC or Commission) voted 3-2 to issue a proposed rulemaking on speculative position limits (the Proposal). The Proposal would apply spot month-only federal...more

Bracewell LLP

The CFTC Proposes a New Approach to Federal Position Limits -- Will This One Stick?

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At its open meeting held on January 30, 2020, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) approved a proposed rulemaking to institute federal position limits in an effort to prevent excessive...more

Katten Muchin Rosenman LLP

Bridging The Week - January 2020 #4

The Commodity Futures Trading Commission proposed to revise its position limits regime by increasing to 25 (from nine) the number of commodity derivatives contracts subject to federal limits; by augmenting the number of...more

Katten Muchin Rosenman LLP

Bridging the Weeks - October 2019

Last week, the Commodity Futures Trading Commission publicized a cascade of settlements of enforcement actions alleging breaches of laws and rules related to supervision, spoofing, reporting, and misappropriation of...more

Katten Muchin Rosenman LLP

Bridging The Week - September 2019 #4

Both the Commodity Futures Trading Commission and the Chicago Board of Trade settled related disciplinary actions for speculative position limits violations. The CFTC sanctioned the trading firm while the CBOT sanctioned the...more

A&O Shearman

DOJ Charges Three Traders Under RICO In Alleged Spoofing Scheme

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On September 16, 2019, an indictment was unsealed revealing that the Department of Justice (“DOJ”) has charged three traders at a global banking and financial services company with conspiracy to engage in a pattern of...more

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