News & Analysis as of

Commodities Investors Commodities Futures Trading Commission

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

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

Sullivan & Worcester

Ether Is…a Commodity

Sullivan & Worcester on

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

Dechert LLP on

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

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

Dechert LLP on

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

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