CFTC
Sidley Discusses the First Prediction Market Insider Trading Case
On April 23, 2026, the U.S. Attorney’s Office for the Southern District of New York (SDNY) and the Commodity Futures Trading Commission (CFTC) announced parallel criminal and civil enforcement actions against an active-duty U.S. Army servicemember, alleging that he used …
Paul Weiss Discusses Third Circuit Ruling on Exclusive CFTC Jurisdiction Over Sports-Related Event Contracts
On April 6, 2026, a divided panel of the U.S. Court of Appeals for the Third Circuit held that the U.S. Commodity Futures Trading Commission (“CFTC”) has exclusive jurisdiction over sports-related event contracts offered by Kalshi, becoming the first federal …
Sullivan & Cromwell Discusses CFTC Announcement of Enforcement Priorities
On March 31, 2026, CFTC Director of Enforcement David I. Miller delivered remarks at NYU Law School addressing three significant developments in the CFTC’s Division of Enforcement. First, Miller announced five enforcement priority areas going forward: (i) insider trading (including …
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 …
John C. Coffee, Jr.: Event Contracts and Prediction Markets
Can I bet on a prediction market on whether the U.S. will bomb Iran before a specified date? Or, can I similarly bet there on whether the Ayatollah will be ousted from office (including as the result of his death …
SEC Chair Speaks on Fostering Regulatory Harmony Between SEC and CFTC
Good afternoon, ladies and gentlemen. It is a pleasure to join you here at Boca 2026 – a gathering that represents both the depth of the derivatives industry and the dynamism of the ideas and infrastructure that undergird modern risk …
Morrison & Foerster Discusses SEC and CFTC’s Joint “Project Crypto” Initiative
On January 30, 2026, Securities and Exchange Commission (SEC) Chair Paul Atkins and Commodity Futures Trading Commission (CFTC) Chair Michael Selig announced that Project Crypto—previously an SEC-led initiative—will proceed as a joint effort between the SEC and the CFTC…
Orrick Discusses the Clarity Act
The proposed Digital Asset Market Clarity Act would establish a comprehensive, top-down regulatory framework for digital assets that reflects a growing bipartisan push in Congress for clear oversight of the digital asset industry. On Nov. 9, 2025, the Senate Committee …
Skadden Discusses Democratic DeFi Proposal and Cryptoasset Market-Structure Regulation
- What’s new: Senate Democrats have introduced a DeFi proposal that creates a new regulatory framework for decentralized finance platforms, focusing on preventing illicit finance and regulatory arbitrage by applying existing securities market requirements to DeFi.
- Why it matters: The DeFi
Kohn, Kohn & Colapinto Discusses Confidentiality Protections for Whistleblowers
Guarantees of confidentiality and anonymity are important considerations for whistleblowers seeking to report information on violations to regulators and other public entities. These guarantees ensure the safety of whistleblowers when filing complaints, often against entities with substantial resources and some …
SEC Commissioner Speaks on Regulatory Harmonization Efforts
Innovations such as blockchain, AI, and DeFi promise to disrupt our markets in ways that are exciting to discuss. Equally important, though perhaps less exciting, is discussing how regulatory agencies should align their oversight when new ideas cut across jurisdictional …
Arnold & Porter Discusses the CLARITY Act
For over a decade, regulators, market participants, and Congress have wrestled with the challenge of regulating crypto assets. This relatively nascent asset class, underpinned by novel technology, has been difficult to regulate under existing financial regulatory frameworks. While both the …
Federal Judge Trips Over Tricky Statutory Language, Eviscerating CFTC Jurisdiction
Derivatives lawyers are not known to be an excitable bunch. But a recent opinion from the U.S. District Court in the Northern District of Texas has derivatives lawyers excited, and not in a good way. The judge has vastly restricted …
SEC and CFTC Staff Issue Joint Statement on Spot Crypto Trading
The SEC’s Division of Trading and Markets and the CFTC’s Division of Market Oversight and Division of Clearing and Risk (collectively, the “Divisions”)[1] are announcing a cross-agency initiative in furtherance of the SEC’s Project Crypto and the CFTC’s Crypto …
Skadden Discusses the Trump Administration’s Comprehensive Report on Digital Assets
Executive Summary
- What is new: The Trump administration’s Working Group on Digital Asset Markets released a comprehensive report outlining some 100 policy and legislative recommendations to position the U.S. as a global leader in digital assets and blockchain innovation.
- Why
Are We Investing or Gambling?
Few in business or law are talking enough about the national legalization of sports gambling. For the last few months, anyone, in any state, has been able to place wagers on the outcome of professional baseball, basketball, hockey, and tennis …
The CLARITY Act’s Unfinished Business
After nearly two decades of regulatory uncertainty, digital assets stand at a critical juncture in American financial law. On July 18, 2025, President Trump signed the “Guiding and Establishing National Innovation for US Stablecoins Act,” known as the GENIUS Act, …
Shadow SEC Statement No. 6: The Not-So-GENIUS Act
On June 17, 2025, the Senate passed the GENIUS Act, shorthand for the Guiding and Establishing National Innovation for U.S. Stablecoins Act, by a bipartisan vote of 68-30, with 18 Democratic Senators supporting the Bill. The GENIUS Act would amend …
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