The CFTC: A Commission Without Commissioners

The CFTC: A Commission Without Commissioners

What happens when a commission is without commissioners? That’s the question facing the Commodity Futures Trading Commission (CFTC), the independent federal agency charged with the oversight of conventional derivatives (futures and options), and since Dodd-Frank the vast majority of the swaps market. Earlier this week, Sharon Bowen, a Commissioner since 2014 and whose term isn’t due to

Enhanced CFTC Whistleblower Protections

Enhanced CFTC Whistleblower Protections

The Commodity Futures Trading Commission (“CFTC”) has adopted amendments to enhance its whistleblower rules, strengthening anti-retaliation protections and enhancing the process for reviewing whistleblower claims. The enhanced CFTC Whistleblower protections include: Under Rule 165.19, a person may not take any action to impede an individual from communicating directly with the CFTC’s staff about a possible violation of the

What is a CFTC Attorney Proffer?

What is a CFTC Attorney Proffer?

Sometimes called “queen for a day,” proffers are agreements between federal enforcement attorneys and individuals under investigation permit these individuals to tell the government about their knowledge of facts, with the supposed protections against them in any later proceedings. Attorney proffers are different, and are when attorneys talk to the government without your client present. It’s usually the step before

Recognizing Restaurant Embezzlement

Recognizing Restaurant Embezzlement

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed identifying the signs of restaurant embezzlement with Restaurant Hospitality, a publication designed for independent restaurateurs. “In order to identify potential white collar crime, a company must systematically look at each of the areas that most

Regulatory Change Under the Trump Administration

Regulatory Change Under the Trump Administration

Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed regulatory change with Secondary Marketing Executive, a magazine designed for mortgage banking professionals. Perry said although Trump has threatened to reverse Dodd-Frank, that likely will not happen. Perry does anticipate a systematic review of the

Acquisition International Names Kennyhertz Perry “Best in Securities Law – Missouri”

Acquisition International Names Kennyhertz Perry “Best in Securities Law – Missouri”

For the third straight year, Kennyhertz Perry, LLC was named “Best in Securities Law – Missouri” by the Acquisition International Hedge Fund Awards. Kennyhertz Perry is a business, regulatory, government compliance, and litigation law firm representing companies and individuals in highly-regulated industries, bringing a unique mix of top law firm expertise, practical experience, and pragmatic

Braden Perry Discusses Regulatory Law Under Trump

Braden Perry Discusses Regulatory Law Under Trump

The future of key regulations and the landscape of regulatory law could dramatically change. Kennyhertz Perry Partner Braden Perry recently spoke with insurancenewsnet.com regarding potential changes to regulatory regimes under a Trump Administration. Regarding the DOL fiduciary and overtime rules and generally the CFPB, Perry stated: “Frankly, anyone prognosticating what Donald Trump will do with many Dodd-Frank

Perry Discusses Potential CFTC Leadership Changes with National Law Journal

Perry Discusses Potential CFTC Leadership Changes with National Law Journal

J. Christopher Giancarlo, a Republican Commissioner of the CFTC, and potentially the next leader of the Commission hasn’t hesitated to dissent from fellow commissioners. That is the sentiment of Kennyhertz Perry partner Braden Perry said in a recent National Law Journal article. Perry, a former CFTC Senior Trial Attorney stated, “He’s been more of a pro-industry commissioner as opposed to some of the other commissioners who have pursued with vigor the Dodd-Frank consumer-protection provisions.”

Dodd-Frank has created numerous rules and regulations within the CFTC in recent year and, Perry said, “[y]ou might see some of the rules and regulations that are under consideration or have been already approved be rolled back under Giancarlo’s leadership.”

Perry, as part of Kennyhertz Perry’s Commodities, Futures, and Derivatives practice group, advises clients on a wide range of commodities and derivatives regulatory matters, and works with companies on compliance with the complex laws and regulations governing the securities and derivatives industries.

To view the entire article, please visit NationalLawJournal.com.

The Importance of a Cybersecurity and Disaster Recovery Plan

The Importance of a Cybersecurity and Disaster Recovery Plan

Kennyhertz Perry Partner Braden Perry was featured in Bluelock’s recent whitepaper, discussing the importance of a cybersecurity and disaster recovery plans. Perry said, “In the event of a malicious attack, a company should have systems in place to keep operational or at least backups where the company is not affected or very slightly affected. In the event of a total disruption of the business, it is too late to mitigate and you will likely see dramatic costs to the business, especially small or mid-sized businesses. Being proactive rather than reactive is the key.”

Perry’s comments not only show the importance of a proactive plan, but a disaster recovery procedure if a disruption of business occurs. As a member of the Kennyhertz Perry’s Privacy, Cybersecurity, and Breach Management practice group, Perry assists clients in prevention, developing robust information security programs, including administering internal compliance and risk assessments, which include the development and implementation of corporate policies and procedures required for compliance with state and federal privacy and security laws, and information security best practices; information security policies; records retention and management policies.

Why the CME Fines are Rising

Why the CME Fines are Rising

Kennyhertz Perry partner Braden Perry talked to Reuters regarding the CME’s new rules, including the change in fines. The owner of the Chicago Board of Trade, New York Mercantile Exchange and other markets is preparing to increase the top monetary penalty to $5 million per offense from $1 million starting on Dec. 14, according to

The Impact of The Consumer Review Fairness Act

The Impact of The Consumer Review Fairness Act

Kennyhertz Perry partner Braden Perry was contacted by NCRSilver.com to discuss the Consumer Review Fairness Act of 2016 (the “Act”), also known as the “Yelp Law.” Perry commented that “the FTC will be the main watchdog in this area and will likely draft guidance and rules on the details regarding these prohibitions and the extent companies can