Kansas City Financial Services Attorneys

Kansas City Financial Services Attorneys

Kennyhertz Perry integrates broad regulatory expertise in their Financial Services practice group, including compliance and enforcement, with the transactional practices to which that expertise is critical. We are called upon by businesses who need help navigating current and future regulatory challenges stemming from the global financial crisis. To assist our clients in understanding the issues that will affect their industries, entities and transactions, we understand the impact of regulations and requirements of both The Dodd-Frank Wall Street Reform and Consumer Protection Act and a wide variety of U.S. and foreign regulatory reforms targeting investment business and market structures, alternative investment fund managers, private equity and others, central clearing and exchange-trading of derivatives, market abuse and insider dealing, capital regimes, and commodity derivatives.

Kennyhertz Perry regularly counsels lenders, investment advisers, broker-dealers, and fund managers on the laws, rules, and regulatory developments affecting their business, including regulatory requirements, risk management, licensing and registration, sales and marketing practices and materials, manuals and training, day-to-day compliance.

Kansas City Emerging Business Attorneys

Kansas City Emerging Business Attorneys

Kennyhertz Perry’s depth of experience working with multiple emerging companies, as well as its attorneys’ own success as entrepreneurs, gives our firm valuable perspective that allows us to counsel startup companies on a range of issues that are relevant to their immediate and future business needs.

Our firm focuses its experience on proactively helping clients achieve their business goals while being mindful of the pitfalls that can inhibit your ability to execute on long-term growth strategies. Our attorneys have full understanding of the complex legal and business issues that clients face as they pursue these business goals.

As former in-house lawyers, as well as former government regulatory attorneys, our firm has first-hand experience not only with growing successful businesses but also with the challenges clients face as they navigate day-to-day legal issues facing their business.

Perry Featured in Law.com’s Piece on FTC’s “Made in the USA” Enforcement

Perry Featured in Law.com’s Piece on FTC’s “Made in the USA” Enforcement

Braden Perry, Regulatory & Compliance attorney with Kennyhertz Perry, LLC, recently discussed the FTC’s “Made in the USA” enforcement and its impact on business. Mr. Perry described the process and time line of a “Made in the USA” FTC inquiry and the factors a business considers in determining its options, and how cooperation and lines of communication can decrease a potential enforcement action.

Click here to read the full Law.com article.

For more information on FTC’s “Made in the USA” enforcement, please contact braden@kennyhertzperry.com or visit us online at kennyhertzperry.com.

Recent Trends in Credit Card Fraud

ValuePenguin, a personal finance website designed to assist consumers about financial decisions, recently discussed the current trends involving credit card fraud. Kennyhertz Perry Regulatory & Compliance attorney Braden Perry was one of the experts who weighed in on the trends since the 2008 financial troubles, the current and future technology and the ways consumers can protect themselves. “Credit card fraud can range from low tech to very high tech. It will never go away, but consumers can mitigate their chances significantly by using common sense and basic financial safety,” Perry said. The increased spending will increase fraud. ” Now, as credit use heads to prerecession levels, fraud is on the rise. Plus, the increased online marketplaces also lead to additional opportunities for fraud”

The article shows fraud by state discusses the 41% increase in fraud since 2014. The full article can be viewed here.

Drones and Part 107 – The New FAA Regulatory Landscape

Braden Perry, a regulatory and compliance attorney with Kennyhertz Perry, LLC, was asked by Business News Daily about the FAA Part 107, lessening the regulatory burden on the commercial use of drones. Part 107, which goes into affect on August 29, 2016, streamlines the process to legally operate a drone for commercial purposes. Perry appeared in the article entitled “7 Cool Commercial Drone Uses Coming to a Sky Near You” and discussed how Part 107 will likely increase drone usage: “Essentially, you can use a drone as long as it is less than 55 pounds, within eyesight by a certified ‘remote pilot in command’ operator at a maximum altitude of 400 feet,” Perry said. “Prior to the new rules, you had to have a pilot’s license to operate an unmanned aircraft. Most companies cannot afford to hire a pilot solely to pilot a drone. The certification for remote pilot in command is not strenuous, and generally any adult can get one at little cost, and very quickly. This opens the doors for almost any company to utilize unmanned aircraft technology in their business.

Braden Perry Discusses Rouge Insiders and Cybersecurity with Digital Guardian

Kennyhertz Perry partner Braden Perry was one of several data security and cybersecurity attorneys asked to compare the risks of insider threats vs. outsider threats with Digital Guardian, a leading platform for digital protection. Perry, a member of the firm’s Regulatory & Compliance Practice Group, discussed how insiders have are more dangerous to an entity due to their access to data. “There’s not much, besides compartmentalization and monitoring, that you can do if an insider wants to reach data,” Perry said.

Preparation and prospective mitigation are keys to limiting opportunities: ” While no single strategy fits all, practicing basic cyber hygiene would address or mitigate a vast majority of security breaches. Being prepared if an intrusion occurs is also critical and having a communications method for response, actively monitoring centralized host and networks, and including enhanced monitoring to detect known security events is a must. With a well-oiled cyber policy, you can mitigate outsiders significantly,” he said.

Does My Startup Need a Lawyer? 

We have all heard stories about a startup that received millions of dollars from an angel investor or a VC firm and then sold their company for even more millions and lived happily ever after, right?

As business lawyers who have decades of experience counseling entrepreneurs, we are here to help you. We are here to make sure you are prepared and protected – to help you deal with the real day-to-day challenges startups face.  We are also here to help you reach your goals of making millions of dollars doing what you love.

Unfortunately, so many of our startup clients come to us too late. Some of the smartest people we represent have been proactive by taking the first steps towards starting a business, but they have not been proactive in finding a lawyer to help them do it the right way. Below are three areas we focus on during an initial consultation with a startup.

Marijuana Attorneys – Regulatory Issues

Marijuana Attorneys – Regulatory Issues

Kennyhertz Perry’s  regulatory attorneys specializing in novel and emerging regulatory issues, including issues related to the legalization of cannabis, investments into the industry, the Controlled Substance Act, and marijuana issues affecting the states. As former regulators, and former Chief Compliance Officer, our marijuana attorneys understand the trading aspects and exchange aspects of the proposed business models.

Entrepreneurs: Please Hire an Attorney…Even If It’s Not Us

Entrepreneurs: Please Hire an Attorney…Even If It’s Not Us.

When Entrepreneurs set out to build their business they frequently do so in a vacuum and with the excitement of starting something new.  More often than not, they fail to consider potential legal issues they are facing now and down the road, most of which they cannot anticipate during the early stages of forming an entity.

Non-Registrant Sanctions: CFTC Taking Actions for Failure to File Required Reports

Non-Registrants face many CFTC rules and regulations, and increasingly the obligation to file certain reporting forms, including Forms 204 and 304. Violations of these obligations have been highlighted recently in several CFTC enforcement actions, including CHS Inc., Marubeni America Corporation, and most recently Agrocorp International Pte Ltd. and Golden Agri International Pte Ltd.

Non-Registrant knowledge and understanding of the very technical and sometimes contradictory reporting minutia. If you have questions regarding CFTC Forms 204 and 304, Regulation 19.01, or any other CFTC rule or regulation, please contact Braden Perry with Kennyhertz Perry, LLC’s Commodities, Futures, and Derivatives, and Government Enforcement practice groups, where roots of the practice are in the commodities markets, where Mr. Perry spent time as a CFTC Senior Trial Attorney.  Kennyhertz Perry lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, and CFTC regulations, and the rules of the derivatives exchanges and clearinghouses and other industry self-regulatory organizations. Kennyhertz Perry lawyers guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on modifications of transaction structure and documentation. Mr. Perry also brings his enforcement experience and his substantial prior experience in white collar criminal defense practice, and represents corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the CFTC and NFA.

Checklist for Government Contact

When a party is contacted by a federal, state, or local regulatory or law enforcement or government entity, including the Securities and Exchange Commission, the Commodity Futures Trading Commission, Federal Trade Commission, Medicare/Medicaid agencies such as the Center for Medicare and Medicaid Services and the Office of Inspector General of the United States Department of Health

CFTC Enforcement Action Targets Company for Failure to File CFTC Form 204

In another enforcement action involving failure to file CFTC from 2014 as required by CFTC Regulation 19.01, the Commodity Futures Trading Commission ordered Golden Agri International Pte Ltd. to pay $150,000. This follows similar actions against farm co-op CHS Inc. and Marubeni America Corporation and is a reminder to reportable market participants of their ongoing legal obligation to comply in a timely manner with Regulation 19.01, which prescribes the form and manner for submitting Form 204 reports to the Commission for wheat, corn, oats, soybeans, soybean oil, and soybean meal. Regulation 19.01(b) requires that the Form 204 report be made monthly by the close of business on the last Friday of the month, and filed with the Commission’s Office in Chicago, IL by the third business day following the date of the report or via facsimile, telephone, or mail. 

Failure to file Form 204 reports in a timely manner and follow instructions constitutes a violation of Regulation 19.01, which is actionable under the Commodity Exchange Act (“CEA”) and Commission regulations and these actions show that enforcement proceedings will brought against nonconforming companies. 

If you have questions regarding CFTC Form 204, Regulation 19.01(b), or any other CFTC rule or regulation, please contact Braden Perry with Kennyhertz Perry, LLC’s Commodities, Futures, and Derivatives, and Government Enforcement practice groups, where roots of the practice are in the commodities markets, where Mr. Perry spent time as a CFTC Senior Trial Attorney.  Kennyhertz Perry lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, and CFTC regulations, and the rules of the derivatives exchanges and clearinghouses and other industry self-regulatory organizations. Kennyhertz Perry lawyers guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on modifications of transaction structure and documentation. Mr. Perry also brings his enforcement experience and his substantial prior experience in white collar criminal defense practice, and represents corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the CFTC and NFA.