Kennyhertz Perry, LLC Partner Braden Perry Talks Crowdfunding with the National Federation of Independent Business

NFIB reporter Amy Baxter featured Kennyhertz Perry, LLC partner Braden Perry in a news article entitled, “How Crowdfunding Can Help Small Businesses.”  Perry discussed crowdfunding risk and rewards: “The biggest focus for small business owners is the risk of crowdfunding and how to mitigate it.” To read the entire article, please visit http://www.nfib.com/article/-70513/  About Braden Perry Braden Perry has been featured

Posted December 20, 2015 | by admin |in Regulations, SEC

Kennyhertz Perry’s Braden Perry Obtains the Digital Currency Council DCC Certification

Braden Perry recently became a Digital Currency Council Certified Professional by passing the DCC certification exam. The exam is administered by the Digital Currency Council and is the industry recognized designation of competence and professionalism in the digital currency economy. Successful candidates for DCC Certification have demonstrated competency in the six core competency areas of a digital currency professional, including: Origins & Technical Underpinnings; Properties & Monetary Implications; Practical Use; Ecosystem; Accounting & Finance; and Regulatory & Legal.

Posted November 4, 2015 | by admin |in Bitcoins, News, Regulations

John Kennyhertz and Tad Layton Talk Legal Issues Surrounding Family-Owned Businesses with KU Business School Students

Kennyhertz Perry, LLC partner John Kennyhertz continued his commitment to future entrepreneurs about legal issues in owning or running a company.  Recently, Kennyhertz and Kennyhertz Perry of counsel attorney Tad Layton spoke to the University of Kansas School of Business students on issues surrounding family-owned business.

Jana Fitchett, with the KU Entrepreneurship Department said:

“John Kennyhertz and Tad Layton of Kennyhertz Perry Law Firm continue to support The University of Kansas School of Business with regular semester presentations to teach future entrepreneurs the legal issues they need to consider when starting a business. Once again, last week John and Tad did an outstanding job presenting Legal Issues for Family-Owned Businesses as well as answering a barrage of great questions from KU students. They covered issues such as business entity selection, capital gains and losses, equity stock shares and family governance and estate planning.  Again, a big thanks to Kennyhertz Perry for being such a great resource for The University of Kansas.”

Posted October 30, 2015 | by admin |in Speaking Engagements

McGraw Hill Global Institute Podcast Features Kennyhertz Perry Partner Braden Perry on the Latest CFTC Spoofing Case against Igor Oystacher and 3Red Trading

Braden Perry and McGraw Hill Financial Global Institute President John Kingston recently spoke about spoofing in the markets and the CFTC’s latest case against Chicago Trader Igor B. Oystacher and his proprietary trading company, 3Red Trading LLC, with spoofing and employment of a manipulative and deceptive device while trading E-Mini S&P 500, copper, crude oil, natural gas, and VIX futures Contracts.  We also explored the latest CFTC trends and topics , including the CFTC’s expanding jurisdiction.

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/mhfi-global-institute/institute-insight-podcasts/CFTC-Levels-a-Charge-of-Spoofing-What-Does-It-Mean-For-Trading.html

Posted October 30, 2015 | by admin |in CFTC, News

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.

Posted October 20, 2015 | by admin |in News, Regulations, Uncategorized

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.”

Posted October 7, 2015 | by admin |in CFTC, News

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.”

Posted October 1, 2015 | by admin |in CFPB, Compliance, News

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.”

Posted August 20, 2015 | by admin |in Awards, News, News Releases

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/

Posted August 19, 2015 | by admin |in News, SEC

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

Posted June 26, 2015 | by admin |in CFTC, News

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.

Posted June 22, 2015 | by admin |in CFTC, News

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.

Posted May 28, 2015 | by Braden Perry |in News Releases, Uncategorized