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Margin loans aren't consumer loans under the right to Financial Privacy Act

Winston & Strawn LLP
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USA
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June 3 2013

On May 29th, the Seventh Circuit enforced the CFTC's subpoenas served on a precious metal wholesaler, dealer, and depository. Appellants responded to

Court doubts FERC jurisdiction to police NYMEX trades

Winston & Strawn LLP
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USA
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February 8 2013

The Energy Policy Act of 2005 preserved the Commodity Futures Trading Commission's exclusive jurisdiction over futures transactions on commodity

Court upholds CFTC investment company CPO registration rules

Winston & Strawn LLP
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USA
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December 17 2012

On December 12th, the U.S. District Court upheld the CFTC's rules requiring SEC-registered investment companies which engage in more than a de minimis level of derivatives trading to register with the CFTC as commodity pool operators

CME swap data reporting lawsuit

Winston & Strawn LLP
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USA
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November 19 2012

On November 12th, Bloomberg reported the Depository Trust & Clearing Corp. has written the CFTC in response to CME Group Inc.'s federal lawsuit seeking to enjoin the CFTC's swap data reporting rules from taking effect

CFTC position limits for derivatives are vacated

Winston & Strawn LLP
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USA
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October 8 2012

On September 28th, the U.S. District Court for the District of Columbia vacated and remanded the CFTC's position limits for derivatives on 28 physical commodity contracts

Insights from Winston & Strawn

Winston & Strawn LLP
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USA
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October 1 2012

This past week two commodity regulatory announcements occurred

An ill omen for MF Global customers

Winston & Strawn LLP
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USA
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August 13 2012

On August 9th, the Seventh Circuit held that the trustee for a failed futures commission merchant ("FCM") could not recover from the Bank of New York ("BONY") customer funds used by the FCM to secure an overnight loan

Short-swing profits and short call options

Winston & Strawn LLP
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USA
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June 11 2012

On June 5th, a Federal District Court addressed the applicability of Section 16(b) of the Securities Exchange Act of 1934, as amended (the "1934 Act") liability for short-swing profits to short call options

Exceptions to Section 16(b)'s requirement that short-swing profits be disgorged

Winston & Strawn LLP
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USA
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June 11 2012

On June 4th, the Court of Appeals for the Second Circuit addressed the previously acquired debt and the borderline exceptions to the application of strict liability requirement under Section 16(b) of the 1934 Act that statutory insiders disgorge short-swing profits

Natural gas commodity fraud convictions affirmed

Winston & Strawn LLP
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USA
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June 4 2012

On May 18th, the Fifth Circuit affirmed defendants' convictions and sentences for conspiring to submit false physical natural gas trade data to industry publications in order to manipulate the financial trade price for natural gas