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Commodities Investors

Orrick, Herrington & Sutcliffe LLP

CFTC Chairman outlines regulatory gaps with digital commodities

On July 10, the Chairman of the CFTC, Rostin Behnam, testified before a U.S. Senate Committee and urged Congress to enact legislation to create a federal regulatory framework for digital assets. Courts have affirmed that...more

Mayer Brown

SEC Approves Listings of Spot Ether ETFs: Waiting is the Hardest Part

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On May 23, 2024, the Staff of the Securities and Exchange Commission’s Division of Trading and Markets (the “SEC”) approved rule changes (so-called “19b-4 forms”) permitting the listing and trading of eight separate...more

Cozen O'Connor

New York AG Alleges Fraud was the Genesis of $1 Billion in Crypto Losses

Cozen O'Connor on

New York AG Letitia James filed a lawsuit against cryptocurrency companies Gemini Trust Company, LLC; Genesis Global Capital, LLC and its affiliates (“Genesis”); Digital Currency Group, Inc.; and the CEOs of Genesis and DCG...more

White & Case LLP

Impact of Global Price Volatility on Damages Calculations in International Arbitration

White & Case LLP on

The global energy and commodity sectors face unprecedented uncertainty. Increased global demand, coupled with supply chain constraints triggered by Russia's invasion of Ukraine, and China's COVID-19 restrictions and its...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

A House Of Cards Falls Down

Takeaway: Ignorance was not bliss for Samuel Bankman-Fried. The young cryptocurrency entrepreneur faces 8 charges in the Southern District of New York for allegations that his company, FTX, mishandled millions of dollars of...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

Goodwin

Ninth Circuit Holds that Purchasers of Unregistered Shares in Slack’s Direct Listing May Bring Securities Act Claims

Goodwin on

Ninth Circuit Holds that Purchasers of Unregistered Shares in Slack’s Direct Listing May Bring Securities Act Claims; Small Class of Crypto Purchasers Recommended for Certification; Tether to Pay $41 Million to Settle...more

White & Case LLP

A new wave of resource nationalism in the mining & metals industry

White & Case LLP on

Analysts are predicting the advent of a new commodity super-cycle, powered by the economic recovery and the energy transition narrative. The mining & metals industry may be facing a renewed period of intense resource...more

Pillsbury Winthrop Shaw Pittman LLP

Legal Implications of Secondary SAFT Sales

Simple Agreements for Future Tokens pose difficult and controversial legal questions under U.S. securities, commodities and tax laws. SAFT holders face significant difficulties in securing liquidity, and regulatory issues...more

Latham & Watkins LLP

MiFID Refit - Commission Consults on Review of MiFID II Framework

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The consultation provides a key opportunity for market participants to provide feedback on the regime. Key Points: ..The consultation covers a broad range of MiFID topics and, while framed as a questionnaire, contains...more

Robins Kaplan LLP

Financial Daily Dose 2.19.2020 | Top Story: Arguments Begin Regarding Facebook’s 2010 Tax Bill

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On Tuesday, a U.S. federal tax court began hearing arguments regarding Facebook’s 2010 tax bill. The IRS valued Facebook at $13.8 billion, while Facebook reported only $6.5 billion. The final tally could potentially cost...more

Robins Kaplan LLP

Financial Daily Dose 11.11.2019 | Top Story: Twitter Screed Prompts Investigation of Apple Card Gender Discrimination

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Here’s about as 2019 as we can get in the financial world (with a healthy dose of 1950s-era gender discrimination for good measure): a series of tweets from tech entrepreneur David Heinemeier Hansson alleging gender...more

Sullivan & Worcester

Ether Is…a Commodity

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It is official. Finally. On October 10, 2019, the Commodity Futures Trading Commission (“CFTC”) Chairman Heath Tarbert announced that he believes ether is a commodity and thus falls under the jurisdiction of the CFTC....more

Dechert LLP

US Blockchain Enforcement and Litigation Update

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Over the past two years, prices for cryptocurrencies and other digital assets have experienced extreme gains and declines, while billions of dollars have been raised through Initial Coin Offerings (“ICOs”). In this dynamic...more

Opportune LLP

Carve-Out Financial Statements: A Necessary Step in the Process

Opportune LLP on

When commodity price volatility subsides and the appetite for mergers and acquisitions gain momentum in the upstream segment of the oil and gas industry it will be important to understand the requirements, pitfalls and...more

Orrick - Finance 20/20

CFTC Staff Issues Interpretive Guidance Regarding Exemption from Aggregation

On May 2, 2018, the Commodity Futures Trading Commission’s (“CFTC“) Division of Market Oversight issued a CFTC staff letter with interpretive guidance regarding CFTC Regulation 150.4(b)(1), an exemption from position...more

Dechert LLP

Reminder: Certain U.S. Reporting and Compliance Obligations for Investment Advisers and Funds

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The U.S. federal securities laws and the rules of U.S. self regulatory organizations (such as the Financial Industry Regulatory Authority) impose certain reporting and compliance obligations on investment advisers and funds....more

Morrison & Foerster LLP

MoFo Tax Talk - Volume 9, No. 1

IRS Publishes Proposed section 305(c) Regulations - On April 12th, the IRS published proposed regulations under Section 305(c) that address the treatment of deemed dividends to holders of stock and rights to acquire...more

Akin Gump Strauss Hauer & Feld LLP

Continuing Distress and Investment Opportunities in the Energy Markets

If 2015 was defined by falling commodity prices, 2016 may simply be defined by continuing lows. Over the course of 2015, oil prices dropped approximately 31 percent. More than 40 companies filed for bankruptcy, and upstream...more

King & Spalding

Energy Newsletter - October 2015

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

Carlton Fields

Can “Bad Actors” Wave Goodbye to SEC Waivers?

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The SEC has been thinking harder before waiving automatic disqualifications that the federal securities laws and regulations impose on so-called "bad actors." Without such waivers, companies may be barred from, among...more

Latham & Watkins LLP

What Lenders and Investors in E&P Companies Need To Know As Oil Prices Drop

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“In 2008, the United States produced on average approximately 5 million barrels of oil a day. By the end of 2014, that number had increased to more than 9 million barrels and the Energy Information Agency predicts production...more

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