The Future of CFTC Enforcement & Regulation: What Lies Ahead in 2018
2017 was a busy year for the U.S. Commodity Futures Trading Commission (CFTC), and 2018 promises to continue that trend. Highlights of 2017 included leadership turnover at both the Commission and Division levels, expanded enforcement activities, and the launch of new initiatives. In 2017, and into 2018, the CFTC increasingly has focused its enforcement efforts on charging individuals, particularly with respect to manipulation, spoofing, and fraud. Cryptocurrency enforcement and regulation has also been a major focus. The CFTC continues to cooperate with other civil and criminal agencies in its enforcement activities and encourages companies and individuals to self-report wrongdoing.
In this LIVE Webcast, a panel of key thought leaders organized by The Knowledge Group will provide an overview of CFTC's 2017 enforcement and regulatory activities, and an outlook for 2018.
Key topics include:
- Recent CFTC Enforcement Initiatives and Outlook for 2018 and Beyond
- New Cooperation Guidelines
- Recent Focus on Spoofing Activity
- Cryptocurrency Regulation and Enforcement
Paul Hastings LLP
- What CFTC enforcement trends should we expect to see in 2018?
- What is the interplay between spoofing and manipulation claims under the Commodity Exchange Act in the wake of Dodd-Frank?
- What degree of scienter must the CFTC show for manipulation claims rooted in spoofing, and how does that compare to parallel claims brought by the SEC?
- Does the Commodity Exchange Act afford a private right of action for spoofing?
- What must the CFTC show to establish manipulation under CFTC Rules 180.1 and 180.2?
Stradley Ronon Stevens & Young, LLP
- What has been the CFTC’s response to cryptocurrencies and blockchain? Has the response/focus changed?
- What is the current state of enforcement actions?
- When is a cryptocurrency a “commodity” verses a “commodity interest?”
- Has the CFTC overstepped its bounds in regard to its jurisdiction over crypto assets?
- How do CFTC recordkeeping requirements apply in connection with blockchain and cryptos?
- What is the expected interplay of the SEC and CFTC in connection with crypto governance?
- Is a self-regulatory organization, such as the Virtual Commodity Association, likely to fill the void of crypto regulation, and, if so, in what respects and to what extent?
- How have bitcoin futures been doing? Are more cryptos expected to launch futures as well? Are options expected, and, if so, when?
- Does the trading of crypto futures help pave the way for more institutional investors, including potentially mutual funds and ETFs?
- How will the new CFTC cooperation guidelines impact enforcement efforts going forward, particularly with respect to individuals?
Who Should Attend:
- Attorneys in Banking and Finance
- Finance Lawyers
- Banking and Financial Institutions
- Swap Dealers
- Swap Execution Facilities
- Financial Professionals
- Financial Industry Analysts
Daren F. Stanaway is a senior associate in the White Collar Defense practice of Paul Hastings LLP. Her practice focuses on white collar litigation and defense and government investigations and enforcement initiatives. Ms. Stanaway represents prominent individuals, corporations, and financial institutions in federal and state court litigation and administrative actions, and in connection with investigations by the Department of Justice, the Securities and Exchange Commission, the Federal Energy Regulatory Commission, the Commodity Futures Trading Commission, and congressional committees. Her practice has included pretrial and appellate briefing in numerous federal district and appellate courts, in the white collar, securities, and energy fields. Ms. Stanaway earned her J.D. from Harvard Law School, where she received the Dean’s Scholar Prize. She graduated with a B.A., magna cum laude, Phi Beta Kappa, from Harvard College. Ms. Stanaway is admitted to practice law in Massachusetts and the District of Columbia, and before the United States Supreme Court.
Daren F. Stanaway is a senior associate in the White Collar Defense practice of Paul Hastings LLP. Her practice focuses …
Nicole M. Kalajian is an attorney at Stradley Ronon and a member of the Investment Management Group. Mrs. Kalajian was selected as a Super Lawyer Rising Star in 2016, 2017 and 2018. She is a founder of the Investment Network and the Digital Assets Working Group. She is a former Co-Chairman of the Chicago Bar Association’s Financial Investment Services Committee and the Futures & Derivatives Law Committee and is active in these committees today.
Mrs. Kalajian represents securities and commodities professionals in a variety of complex regulatory, compliance and corporate matters. Mrs. Kalajian has extensive experience launching and advising various investment vehicles, such as hedge funds, private equity funds, venture capital funds, real estate funds, commodity pools, fund of funds, cryptocurrency funds and socially responsible investment (SRI) vehicles. Mrs. Kalajian provides legal and compliance guidance to registered and exempt investment advisers, commodity pool operators (CPOs), commodity trading advisers (CTAs), futures commission merchants (FCMs), introducing brokers (IBs), forex (FX) firms, proprietary trading firms and broker-dealers (BDs). She also serves as counsel to boards, mutual funds and exchange traded funds (ETFs). Mrs. Kalajian drafts and develops disclosure documents, compliance manuals, policies and procedures, corporate documents, contracts/trade agreements and advertising materials. She also provides legal and structuring guidance concerning complex master-feeder structures, domestic and foreign funds, international offerings and separately managed accounts.
Mrs. Kalajian counsels clients in compliance and regulatory matters involving the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), National Futures Association (NFA), Financial Industry Regulatory Authority (FINRA), Environmental Protection Agency (EPA), exchange and State regulatory authorities.
Nicole M. Kalajian is an attorney at Stradley Ronon and a member of the Investment Management Group. Mrs. Kalajian was …
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Method of Presentation:
Basic knowledge of commodity futures law
NY Category of CLE Credit:
Areas of Professional Practice
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