The Commodity Futures Trading Commission (CFTC) obtained a Consent Order against SchoolofTrade.com (SoT), in connection with the offer and sale of futures trading strategies and systems. The Defendants allegedly: 1) touted the profitability of SoT’s trading strategies and systems and claimed hundreds of thousands of trading profits earned every year when, in fact, none of
Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the Federal Trade Commissions’ (FTC) Restore Online Shopper’s Confidence Act (ROSCA) with the Capital Forum. ROSCA was signed into law in 2010, and the FTC has recently used the statute on behalf of consumers whom
Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, recently spoke of the regulatory change in both firearm laws and legal marijuana laws for National Business Institute. The series of presentations included: “Gun Law in Kansas;” “Legalized Marijuana Law;” “State and Federal Firearms Laws: What
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
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
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
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
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
Running a small business involves continuous interaction with vendors and their paperwork. Recently, our firm received a call then follow up mailer verifying our firm’s contact information for a business directory. The next thing I knew, we were facing one of the many Yellow Pages scams. It’s a reminder that any company is susceptible, and many
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
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
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.