Braden Perry Provides Document Retention Advice via RecordNations

Braden Perry, Partner with Kennyhertz Perry, LLC, recently spoke with RecordNations regarding effective document retention. “There is no better way to ensure proper retention than a consistently enforced document retention policy that ensures both hard copy and electronic data is handled properly. Handling retention, as well as destruction, is a key to any company in reducing cost or exposure in a legal forum and reduces costs in storage and backup. Remaining proactive and consistent is a key feature in a successful policy,” Perry said.

Kennyhertz Perry, LLC Partner Braden Perry Discusses CFTC Jurisdiction with Law360.com

Law360 featured former U.S. Commodity Futures Trading Commission Senior Trial Attorney Braden Perry in a news article entitled, “CFTC Muscles Its Way To New Regulatory Turf.”  Perry discussed the aggressiveness of the CFTC  in attempting to expand its jurisdiction with products such as Bitcoin: “They claim that they are underfunded yet they are going after bitcoin, a new jurisdictional hurdle.”

Braden Perry Discusses Red Flags and Complaints with the Center for Auto Finance Excellence

Braden Perry, partner at Kennyhertz Perry, LLC, recently provided tips on dealer compliance with the Center for Auto Finance Excellence. Complaints to the lender “should be logged and kept as part of their books and records, and the lender should request review of these complaints regularly as part of their compliance program,” he says. And if a regulator comes calling, including the Consumer Financial Protection Bureau, “it is imperative that the lender can provide information in a clear and efficient manner and be able to defend its compliance plan and convey to the regulators that it reviews its dealers and takes consumer protection seriously.”

Kennyhertz Perry Receives Corporate LiveWire’s 2015 Global Fund Award for “Securities Law Firm of the Year”

Kennyhertz Perry, LLC is pleased to announce it was named “Securities Law Firm of the Year – USA” by the Corporate LiveWire’s 2015 Global 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 business solutions.

The Corporate LiveWire Global Fund Awards is an international awards program that bring recognition of fund performance and service providers who support the industry to the fore.

“We are thrilled to receive the award for Securities Law Firm of the Year,” said Braden Perry, Partner of Kennyhertz Perry. “It reiterates the goals of our firm: focus is on the client experience, and providing sophisticated legal advice in an efficient manner, with as little impact on our clients’ day-to-day business as possible.”

Braden Perry Discusses Hedge Fund Due Diligence with ValueWalk

Braden Perry talked yellow and red flags related to hedge fund disclosures with ValueWalk, during their investigation of Alexander Alternative Investments,  a Florida investment firm boasting extraordinarily high returns.

“Presenting forward-looking guidance that appears substantially higher than industry standards is troubling,” said Braden Perry, a partner with Kennyhertz Perry, LLC, a Kansas City law firm specializing in securities and due diligence legal issues.

The investigation noted several discrepancies and red flags on Alexander Alternative Investments’ promotional material.  Several factors of due diligence have been put forward, but true due diligence goes much deeper and is significantly broader.

There are few hard and fast rules for investment due diligence, which is why proper due diligence requires creativity coupled with common sense. Avoiding unnecessary surprises is a top priority when it comes to managing investment strategies and we believe critical judgments and decisions in the investment process are essential. Kennyhertz Perry has a deep understanding of the strategies needed and the know how to assess the contingent risks associated with investing. Whether it’s stocks, bonds, real estate assets or any other type of financial commitment we the more research and preparation completed prior to an investment, the better.

To read the entire article, please visit: http://www.valuewalk.com/2015/07/hedge-fund-due-diligence/

Perry Comments on the Inevitable Closing of Historic Chicago Futures Pits

A last ditch effort to save open outcry in the Chicago Mercantile Exchange (CME) and Chicago Board of Trade (CBOT) futures pits is likely to fall short, Braden Perry, a former CFTC senior trial attorney and Partner with Kennyhertz Perry said in a Reuters article.  The effort, launched by traders to delay the July 6 closing, claims the CME has failed to provide the CFTC adequate information on the rationale of the closing, and leaves certain trading strategies without proper alternatives.  “It really comes down to the numbers of people who are trading still in the open-outcry system,” Perry said.  The CME estimates that floor trading in Treasury futures represented 1.8 percent of total volume last year.

To read the entire article, please visit: http://www.reuters.com/article/2015/06/25/cme-group-futures-closure-lawyers-idUSL1N0ZB2QJ20150625

Massad’s 1st year at CFTC about Change, Perry Says

Law360 featured former U.S. Commodity Futures Trading Commission Senior Trial Attorney Braden Perry in an evaluation of CFTC’s Chairman Timothy Massad. Perry said that Massad’s change in tone was immediately palpable in his speeches and the agency’s guidance letters. And whereas Gensler had the job of implementing Dodd-Frank Act reforms immediately after they were passed, Massad was able to take a step back and make subtle changes in order to help market participants while still protecting consumers. Although many challenges remain, Perry said that he has a lot of potential to make the markets work in an efficient manner for those the CFTC oversees.

To read the entire article, please visit http://www.law360.com/articles/661281/1-year-in-massad-starts-to-turn-cftc-ship-around.

FBI Cyber Division Releases Alert MC-000060-MW Regarding Criminal Activity via Point of Sale (PoS) Malware

Yesterday, the Federal Bureau of Investigation, Cyber Division released Alert Number MC-000060-MW regarding continued use of PoS malware by cybercriminals in a number of restaurants, casinos, hotels, and resorts. The networks are infected to extract credit card data, which is spread through criminal circles and used for financial gain.

The alert was released as TLP:Green and the details of the alert, including useful information for potential networks subject to malware can be shared with clients and contacts, but not via publicly accessible channels. For this information or on ways to monitor and/or respond to cybercrime, please contact me at braden@kennyhertzperry.com, or online at Kennyhertz Perry, LLC.

Braden Perry to Speak on CFTC Dodd-Frank Title VII Market Reform

The Knowledge Group/The Knowledge Congress Live Webcast Series, the leading producer of regulatory focused webcasts, asked Braden Perry, former Senior Trial Attorney at the CFTC and founder of the Kansas City-based Kennyhertz Perry law firm to speak at the Knowledge Congress’ webcast entitled: “CFTC’s Financial Market Reform in 2015: Boon or Bane? Live Webcast.” This event is scheduled for May 15, 2015 @ 3:00 pm – 5:00 pm (ET).

Mr. Perry will be part of a panel of key thought leaders and practitioners will provide an overview and discussion of the latest changes to The Dodd-Frank Act that affect Financial Market Reform.

Braden Perry Featured on McGraw Hill Financial Global Institute Podcast Discussing CFTC Case against Kraft and Mondelez

McGraw Hill Financial Global Institute President John Kingston recently spoke with Kennyhertz Perry partner Braden Perry, a former senior trial attorney at the CFTC, about the meaning of this battle between a regulator and a large end user and participant in the commodities market.  The McGraw Hill Financial Global Institute’s mission is to support the advancement of open and transparent capital and commodity markets, increased economic opportunity for individuals, communities and nations and to address other societal issues and trends contributing to global growth and prosperity.

To listen to the podcast, visit https://www.mhfi.com/about/Global-Institute/white-papers/Kraft-vs-the-CFTC.html.

Kraft/Mondelez CFTC Case a Test for New Manipulation Standard, Perry Says

Law360 spoke with Braden Perry, Kennyhertz Perry partner and former CFTC Senior Trial Attorney, regarding the Kraft/Mondelez suit accusing the snack makers of manipulating the price of wheat in 2011, and the significance of the relaxed manipulation standard under Dodd-Frank. Under rules passed out of the 2010 law, the CFTC no longer must show that traders specifically intended