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CFTC Publishes Enforcement Manual

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The CFTC’s Division of Enforcement, or DOE, has published its Enforcement Manual (see the link in the upper corner to download the Manual). This is the first issuance of a public Manual by DOE. The Manual provides an overview of the CFTC and DOE, and it establishes certain general policies... Read More

Topics: Derivatives, Litigation

CFTC Issues Advisory on Violations of the Commodity Exchange Act Involving Foreign Corrupt Practices

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The CFTC announced an Enforcement Advisory on self-reporting and cooperation for violations of the Commodity Exchange Act, or CEA, involving foreign corrupt practices.  Because the Enforcement Advisory is limited to the CEA, it does not suggest that the CFTC will bring actions regarding violations of the Foreign Corrupt Practices Act.... Read More

Topics: Derivatives, Litigation

CFTC Revises Record Keeping Requirements

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The CFTC has issued final amendments to Regulation 1.31 which sets forth the form and manner in which all regulatory records must be kept by records entities. “Records entities” are persons required to keep records pursuant to the Commodity Exchange Act and related CFTC regulations. Regulation 1.31 does not specify... Read More

Topics: Derivatives

CFTC Revises Whistleblower Rule to Enhance Anti-Retaliation Protection

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The CFTC has adopted final amendments to its whistleblower rules that will, among other things, strengthen the CFTC’s anti-retaliation protections for whistleblowers and enhance the process for reviewing whistleblower claims. Based on a reinterpretation of the CFTC’s anti-retaliation authority under the Commodity Exchange Act (CEA), the CFTC or the whistleblower... Read More

Topics: Derivatives, Employment, Executive Compensation

CFTC Requests Public Input on Simplifying Rules

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The CFTC voted to seek public input on simplifying and modernizing the Commission’s rules. The action is part of an initiative which has been dubbed “Project KISS.” The CFTC is seeking ideas from industry, other stakeholders and interested parties, and the broader public on where the CFTC rules can be... Read More

Topics: Derivatives

CFTC Initiates Project KISS

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In remarks at a conference, CFTC Acting Chairman J. Christopher Giancarlo announced the CFTC’s intent to comply with an Executive Order which requires each agency to designate a Regulatory Reform Officer and establish a Regulatory Reform Task Force. Chairman Giancarlo noted that the CFTC’s initiative was named Project KISS, standing... Read More

Topics: Derivatives

SEC Finds Pre-IPO Transactions Were Unlawful Security-Based Swaps

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The SEC announced that Equidate Inc. agreed to settle charges that it violated federal securities laws by failing to register security-based swaps that were offered and sold online to shareholders in pre-IPO companies. Equidate did not admit or deny the SEC’s findings. The SEC instituted an order finding that Equidate... Read More

Topics: Derivatives, Litigation, Public Companies and Securities