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Swaps

Paul Hastings LLP

Prediction Markets: An Emerging Opportunity

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Prediction markets have rapidly moved into the mainstream of financial innovation. These markets are very flexible and allow users to take a position on the outcome of a wide array of events — from elections and sport events...more

Baker Botts L.L.P.

Commodity Futures Trading Commission (“CFTC”) Seeks to Expand Hedging Options for Energy End-Users

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On December 21, 2025, the CFTC’s Market Participants Division (“MPD”) issued a no‑action letter that could materially expand hedging options for commercial energy companies by allowing firms to exclude certain “Energy...more

Patomak Global Partners

CFTC Swap Rules for Renewable Energy Transactions: What VPPA Participants Must Know

Virtual power purchase agreements (VPPAs) are classified as swaps under the Commodity Exchange Act (CEA). All firms engaging in VPPAs are obligated to comply with certain CFTC regulations, including non-financial firms...more

Foley & Lardner LLP

Shifting Enforcement Priorities at the CFTC and the SEC

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It should come as no surprise that priorities have shifted at the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”), particularly with the enforcement divisions at both agencies...more

Mayer Brown Free Writings + Perspectives

CFTC Staff Partially Reinstate CPO Exemption for RIAs

On December 19, 2025, the staff of the Division of Market Participants of the Commodity Futures Trading Commission (“CFTC”) issued no-action relief from commodity pool operator (“CPO”) registration for SEC-registered...more

Cadwalader, Wickersham & Taft LLP

A Year of Change Across Financial Regulation – and What Comes Next, December 2025 - CFTC Staff Issue Broad No-Action Relief...

On December 9, 2025, the Market Participants Division, the Division of Clearing and Risk, and the Division of Market Oversight (the “Divisions”) of the U.S. Commodity Futures Trading Commission (“CFTC”) issued Staff Letter...more

Patomak Global Partners

CFTC Issues No-Action Relief for Swap Data Reporting Error Corrections

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On December 11, 2025, the Commodity Futures Trading Commission (CFTC) issued no-action relief regarding the correction of errors in swap transaction and pricing data submitted to a swap data repository (SDR)....more

Mayer Brown

CFTC Harmonizes US Person and Guarantee Definitions in Swap Requirements

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On December 9, 2025, the staff of the Commodity Futures Trading Commission (“CFTC”) issued no-action relief to harmonize how the regulatory requirements for swaps are applied to trades involving certain non-US persons (“NAL...more

Troutman Pepper Locke

Nevada Judge Rules Prediction Market Firm Falls Under State Gaming Laws

Troutman Pepper Locke on

Many prediction market firms have sought to avoid state regulation by emphasizing how their services differ from traditional sports betting. They characterize their offerings as “event contracts” or “swaps,” which are only...more

Mayer Brown Free Writings + Perspectives

Risk Transfer Market Receives CPO Registration Relief from CFTC

On November 21, 2025, the Structured Finance Association, on behalf of the risk transfer market, received no-action relief on the issue of registration as a commodity pool operator (“CPO”) from the staff of the Division of...more

Moore & Van Allen PLLC

The Desk: December 

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Enforcement Round-Up - With the longest government shutdown on record taking up nearly half of the month and Acting Chair Pham waiting to pass the baton to Mike Selig (who is quickly progressing through the confirmation...more

Katten Muchin Rosenman LLP

What CFTC Market Participants and Registered Entities Should Expect

The federal government’s 43‑day shutdown — which ended with a late‑evening November 12 funding bill and next‑day return to duty for furloughed staff — imposed a near‑total pause on the Commodity Futures Trading Commission’s...more

Katten Muchin Rosenman LLP

If It’s Broken, Please Fix It: The CFTC Proposes to Resolve Compliance Challenges for Swap Dealers

The Commodity Futures Trading Commission (“CFTC” or “Commission”) proposed targeted amendments (“Proposal”) to its business conduct and documentation requirements for swap dealers (“SDs”) on September 24. The Proposal is...more

Eversheds Sutherland (US) LLP

CFTC Proposes Revisions to Business Conduct and Swap Documentation Requirements for Swap Dealers and Major Swap Participants

On September 24, 2025, the Commodity Futures Trading Commission (CFTC) issued a notice of proposed rulemaking to revise its external business conduct standards and swap documentation requirements applicable to swap dealers...more

Moore & Van Allen PLLC

The Desk: October

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Happy October, the CFTC kept us very busy in September. Nonetheless, it’s time to plan your Halloween costume (unless like me, your children have already decided that for you). Options are Ghost of PTMMM (roams the halls...more

Paul Hastings LLP

What You Should Know About the CFTC, Part 1: The Regulatory Basics

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In Part 1 of this three-part overview of the Commodity Futures Trading Commission (CFTC), we take a look at the basics of CFTC regulation, highlighting what you need to know about the agency and its jurisdiction....more

Patomak Global Partners

CFTC Eases SDR Error Notification Requirements With New No-Action Relief

Reporting counterparties must correct any error in their SDR reporting “as soon as technologically practicable” and, “[i]n all cases, […] within seven business days” after its discovery. If they fail to do so, they must...more

Mayer Brown

Everyone’s Human: CFTC Rationalizes Swap Error Reporting

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On July 31, 2025, the Commodity Futures Trading Commission (“CFTC”) issued no-action relief for certain swap reporting counterparties that fail to submit a swap data error correction notification (“NAL 25-25”). This relief...more

Katten Muchin Rosenman LLP

Confirming a Negative: CFTC Staff Issue an Advisory Clarifying When Foreign-Organized Entities Are Trading and Brokering Digital...

Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or...more

Morrison & Foerster LLP

CFTC Staff Issue Interpretive Guidance on Cross-Border Definitions

The CFTC staff have issued interpretative guidance regarding the application of cross-border definitions under the CFTC’s regulatory regimes covering swaps, foreign futures and foreign options transactions, and foreign boards...more

A&O Shearman

CFTC Releases Guidance On Registered Non-U.S. Swap Entities Using Substituted Compliance

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On May 20, 2025, two divisions within the Commodity Futures Trading Commission (“CFTC”) — the Market Participants Division (“MPD”) and the Enforcement Division (“DOE”) — released procedures providing guidance on how the...more

Katten Muchin Rosenman LLP

Unpacking CFTC Letters 25-09 and 25-10

Derivatives market participants continue to process the implications of two significant interpretive letters issued by the Commodity Futures Trading Commission (CFTC) staff earlier this year. Letter 25-09 effectively...more

Proskauer - Regulatory & Compliance

CFTC Clarifies that FX Window Forwards are Not “Swaps”

On April 9, 2025, the Markets Participants Division and the Division of Market Oversight (collectively, the “Divisions”) of the Commodity Futures Trading Commission (the “CFTC”) published a Staff Letter (the “Staff Letter”)...more

Moore & Van Allen PLLC

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on...more

Cadwalader, Wickersham & Taft LLP

Regulation in Flux, March 2025 - Key Takeaways From CFTC Acting Chairman Caroline Pham’s FIA Boca 50 Keynote

On March 11, 2025 at the 50th Annual International Futures Industry (“FIA”) Conference, Commodity Futures Trading Commission (“CFTC”) Acting Chairman Caroline Pham delivered a ground-breaking keynote covering administrative...more

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