Davis Polk Discusses Potential SEC and CFTC Updates to Classification Rules for Innovative Financial Products

The SEC and CFTC (the “Commissions”) have jointly requested public comment on how to draw clearer regulatory boundaries for classifying, within statutory bounds, innovative derivatives and related products that implicate the jurisdiction of the Commissions and whether there are opportunities …

Morrison & Foerster Discusses DOJ, CFTC Insider Trading Cases Based on Internet Search Trend Event Contracts

On May 27, 2026, the U.S. Department of Justice (DOJ) and the Commodity Futures Trading Commission (CFTC) filed parallel criminal and civil insider trading actions in the U.S. District Court for the Southern District of New York against Michele Spagnuolo, …

Cleary Discusses Prediction Market Considerations for Public Companies

Prediction markets allow participants to trade contracts on whether or not real-world events will occur. These platforms have grown rapidly, and contracts tied to specific company activity are now actively trading, including contracts on IPOs, mergers and acquisitions, earnings call …

Sidley Discusses CFTC Guidance, Advance Notice of Proposed Rulemaking for Prediction Markets

The U.S. Commodity Futures Trading Commission (CFTC or the Commission), under Chairman Michael Selig’s leadership, has taken an expansive view of its authority over prediction markets, arguing that the agency has exclusive jurisdiction over event contracts traded on designated contract …