Joseph Williams (US)

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Episode 4 of the Regulation Tomorrow Podcast – out now

The Regulation Tomorrow Podcast is back with Episode 4. Jonathan Herbst gives a quick update on Brexit before examining the short selling restrictions on GameStop in the US from a UK MAR perspective. We’re delighted to be joined by our first special guest, the Payment Systems Regulator’s General Counsel and Head of Enforcement and Competition, … Continue Reading

Episode 4 of the Regulation Tomorrow Podcast – out on Thursday

After a Christmas hiatus, the Regulation Tomorrow Podcast is back with a bumper-sized episode to kick 2021 off with a bang. In episode 4, Jonathan Herbst gives a quick update on Brexit before examining the short selling restrictions on GameStop in the US, from a UK market abuse perspective. We’re delighted to be joined by … Continue Reading

CFTC Division of Enforcement Publishes Enforcement Manual

On May 8, 2019, the Division of Enforcement (“Division”) of the Commodity Futures Trading Commission (”CFTC”) announced that it had published its Enforcement Manual (“Manual”). This is the first issuance of a public Manual. Prior to this publication, the Manual was only available internally as a general reference to the Division’s Staff during their investigation … Continue Reading

CFTC divisions issue their 2019 examination priorities

For the first time, the US Commodity Futures Trading Commission’s (“CFTC”) Division of Market Oversight (“DMO”), Division of Swap Dealer and Intermediary Oversight, and Division of Clearing and Risk published Examination Priorities for the year. While the CFTC has historically published its Rules Enforcement Review of specific commodity exchanges with notes as to areas for … Continue Reading

CFTC announces proposed rule to streamline certain regulations for commodity pool operators and commodity trading advisors

On October 9, 2018, the Commodity Futures Trading Commission (“CFTC”) proposed changes to the registration and compliance obligations for commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) consistent with relief currently provided by various staff letters and advisories. Comments are due sixty (60) days after the proposed rule is published in the Federal Register. … Continue Reading

CFTC Chair hails the accomplishments of the past year’s enforcement program

On October 2, 2018, Commodity Futures Trading Commission (“CFTC”) Chairman J. Christopher Giancarlo spoke before the Economic Club of Minnesota, giving a detailed overview of the CFTC’s enforcement program for fiscal year 2017 (Oct. 2017 – Sept. 2018), entitling his remarks “Regulatory Enforcement & Healthy Markets: Perfect Together!” The CFTC’s enforcement program filed 83 actions … Continue Reading

CFTC’s Giancarlo’s Cross-Border White Paper 2.0 signals upcoming rule proposals to replace cross-border guidance

On October 1, 2018, the Commodity Futures Trading Commission’s (“CFTC”) Chairman, J. Christopher Giancarlo released a White Paper entitled, “Cross-Border Swaps Regulation Version 2.0: A Risk-Based Approach with Deference to Comparable Non-U.S. Regulation” (“Cross-Border White Paper 2.0”). Chairman Giancarlo intends to direct the CFTC staff to put forth new rule proposals, which if adopted, would … Continue Reading

D.C. Circuit Vacates Revisions to PJM Minimum Offer Price Rule: Finds FERC Exceeded Statutory Authority

In a decision issued on July 7, 2017, the U.S. Court of Appeals for the D.C. Circuit vacated revisions to the PJM Interconnection, L.L.C. (“PJM”) Minimum Offer Price Rule (“MOPR”) that had been proposed by the Federal Energy Regulatory Commission (“FERC”) in response to a filing submitted by PJM pursuant to section 205 of the … Continue Reading

Incriminating IMs lead to Singapore precious metals trader settling, pleading guilty to charges of spoofing, manipulation and wire fraud

A former futures trader recently agreed to a settlement order from the U.S. Commodity Futures Trading Commission (“CFTC”) imposing a permanent trading ban for spoofing and manipulation, and pled guilty to criminal charges of manipulation and wire fraud, for trading done in the precious metals market. David Liew was a trader on a major financial … Continue Reading

Kokesh v. SEC: Supreme Court Limits Reach of Disgorgement Remedy

In a unanimous decision, the United States Supreme Court has reined in the authority of the Securities and Exchange Commission (“SEC”) to recover ill-gotten gains, holding that the five-year statute of limitations period applicable to SEC enforcement actions extends to disgorgement. In Kokesh v. SEC, No. 16-529 (June 5, 2017), the Court found that any … Continue Reading

CFTC amends regulations to prohibit restrictions on employee communication concerning potential Commodity Exchange Act violations

On May 22, 2017, the Commodity Futures Trading Commission (“CFTC”) amended Part 165 of its regulations, which govern whistleblower incentives and protections. In addition to strengthening existing anti-retaliation protections for whistleblowers, the amendments also prohibit employers from restricting employees from reporting potential violations of the Commodity Exchange Act directly to the CFTC. This prohibition extends … Continue Reading

CFTC proposes to clear way for private rights of action concerning exempted RTO/ISO transactions

On May 10, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) issued a notice of proposed amendment to its 2013 order exempting specified electric energy transactions in certain Regional Transmission Organizations (“RTOs”), Independent System Operators (“ISOs”) and the Electric Reliability Council of Texas (“ERCOT”) from regulation under certain provisions of the Commodity Exchange Act (“CEA”) … Continue Reading

Feb. 11 event: Assessing risk in global energy trading

Register now Please join us, in collaboration with Cornerstone Research and KPMG, as we discuss assessing risks in the global energy trading environment. This all-day conference will present a unique opportunity for energy companies, trading houses, and financial institutions to hear from top leaders in government and key industry sectors. Invited speakers include: senior officials of the … Continue Reading

FERC clarifies buy/sell prohibition exemption for AMAs

On October 15, 2015, the Federal Energy Regulatory Commission issued an order clarifying that the exemption from the buy/sell prohibition applies to supply side natural gas asset management agreements. This clarification is important for both holders of interstate capacity and asset managers and should provide more flexibility for parties to structure their transactions.  Norton Rose … Continue Reading

EPA Clean Power Plan will bring changes for the US power sector

On August 3, 2015, the U.S. Environmental Protection Agency (“EPA”) issued its final Clean Power Plan, which announces new standards and emission guidelines to reduce carbon pollution from power plants. The plan takes into account input received through EPA outreach to the power industry and its regulators, as well as from the over four million comments … Continue Reading