Real Estate Compliance and CFPB Compliance

Recently, Braden Perry discussed Real Estate encryption and client privacy with Virtru Business Solutions Blog and described how the Consumer Financial Protection Bureau (“CFPB”) monitors compliance and privacy.

The CFPB is designed to help consumers across the financial industry, said Perry. And company culture is often the biggest obstacle to CFPB compliance: “Many regulated companies are “reactive,” meaning that they do not anticipate issues but wait for issues to arise and then act or “react.” [They’re] short-sighted, looking at the near-term and not focused on long-term goals. “Proactive” companies are forward looking, not only in anticipating issues that might arise, but in having clear directions and goals.”

Perry recommended that companies remain open to change. Reactive organizations tend to resist security initiatives, creating an “uphill battle” for compliance staff. To succeed, organizations need full management buy-in.

Posted February 22, 2016 | by admin |in Compliance

Braden Perry Discusses Apple Encryption Issues with IDG News Service

Kennyhertz Perry’s Braden Perry discussed Apple’s refusal to decrypt an iPhone with Grant Gross, Senior Editor of IDG News Service, the wire service representing PCWorld, Computerworld, MacWorld, Network World, CIO and dozens of other leading tech publications worldwide. The FBI claims that iPhone, which belonged to one of the San Bernardino shooters, may be helpful in their investigation.

Perry, a former federal enforcement attorney now practicing government investigations and litigation, stated that while unlikely, Judge Pym could hold Apple in contempt of court if the company refuses to cooperate with her order and could impose significant fines.

So far, Apple is refusing. The court should rule in the next few weeks.

Posted February 18, 2016 | by admin |in Government Investigations

Former CFTC Enforcement Attorney Braden Perry Discusses Revamped CFTC Manipulation Test

Kraft Foods Group and Mondelez Global made headlines last year being charged with market manipulation by the CFTC. At the time, Braden Perry, a former CFTC Senior Trial Attorney and Kennyhertz Perry, LLC partner spoke with McGraw Hill about the meaning of this battle between a regulator and a large end user and participant in the commodities market.

Mr. Perry continues to talk about the CFTC’s new anti-manipulation standard, this time discussing cryptocurrency and the CFTC’s expansive jurisdiction, recently speaking to the Conference of Western Attorneys General (“CWAG”) involving the potential for actions involving manipulation or attempted manipulation on the Bitcoin spot market. CWAG invited Mr. Perry to their 2016 Digital Currency Symposium as a digital currency expert discussing regulatory and enforcement issues with digital currencies and the blockchain.

Posted February 10, 2016 | by admin |in CFTC, White Collar Crime

Braden Perry Slated to Speak at CWAG’s 2016 Digital Currency Symposium

Kennyhertz Perry’s Braden Perry was invited to speak at the Conference of Western Attorneys General 2016 Digital Currency Symposium on February 4 and 5 in Park City at the Montage Deer Valley. CWAG will have 5 AG’s along with 9 of their senior staff representing 9 states and the District of Columbia attending the symposium. Mr. Perry will speak to this distinguished group on potential users of digital currencies, distributed ledgers and the Blockchain; and security and consumer protection issues related to digital currencies. The Digital Currency Symposium fosters relationships with responsible industry players, law enforcement officials and regulators with the goal of facilitating the sharing of information which will assist policy makers in the construction of regulatory and legislative interpretations beneficial to all involved.

Posted February 1, 2016 | by admin |in Bitcoins, News
Internal and Workplace Investigations

Internal and Workplace Investigations

Every day, business owners face an increasingly-complex workplace and situations may occur that require swift investigation and reporting. Kennyhertz Perry attorneys work with business owners, boards of directors, and other senior management in internal investigations involving corporate or employee issues. We further work to prevent or minimize the need for investigations by engaging with the

Posted January 20, 2016 | by admin |in Business Law

Kennyhertz Perry Partner Braden Perry Speaking on CFTC Margin Rules for Uncleared Swaps

Kennyhertz Perry Partner Braden Perry was selected as a panelist for the January 22, 2016 Webcast: CFTC Proposed Rule for the Cross Board Application of the of the Margin Requirements. The panel will provide an overview and discussion of the latest changes to the CFTC’s rules and the compliance with the new requirements. To address the margin requirements

Posted January 14, 2016 | by admin |in CFTC, White Collar Crime

2016 Acquisition International Hedge Fund Awards Names Kennyhertz Perry “Best in Securities Law – Missouri”

For the second 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 business solutions.

Posted December 22, 2015 | by admin |in Awards, News

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 Business Law

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