When Should Bar Applicants Begin Their Character and Fitness Applications? Perry Says Now

In an American Bar Association Student Lawyer publication, Braden Perry discusses the benefits to gathering information early for Character and Fitness Applications.

The key, said Perry, is to stay organized and focus on being consistent. “Consistency is often overlooked,” he said. “One of the things the Kansas Board of Law Examiners and other bar examiners do is look at your law school application, as well as any other applications they’re able to come across, and determine if there are inconsistencies. If there are, that’s a red flag.”

Posted December 24, 2014 | by Braden Perry |in News

Kennyhertz Perry Client Alert: Enforcement Powers of the CFPB

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Act) established the Consumer Financial Protection Bureau (CFPB) and authorizes it to supervise certain consumer financial services companies and large depository institutions and their affiliates for consumer protection purposes. The CFPB has been charged with implementing and examination for compliance with Federal consumer finance law.

The CFPB also has extensive authorities to not only investigate violations of federal consumer protection laws but also implement broad enforcement relief.

Posted November 19, 2014 | by Braden Perry |in News

Perry Speaks with Law360 on CFTC Enforcement Actions Returning to Administrative Court

In an interview with Law360, former CFTC senior trial attorney and Kennyhertz Perry partner Braden Perry discussed the CFTC’s recent decision to take enforcement proceedings to administrative court. Citing lack of resources, the CFTC claims bringing enforcement actions in administrative courts would “allow the commission to develop its expertise and the powers given to it in 2010 by Dodd-Frank.”  Perry described it as a “setback” for subjects of CFTC investigations and the lack of resources at a federally funded agency “shouldn’t be the reason for a policy change that eliminates what a defendant might see as a fair and full process.”

Posted November 15, 2014 | by Braden Perry |in CFTC, News

Perry Speaks with Law360 on Panther Energy Indictment

Braden Perry recently spoke with Law360 regarding the HFT spoofing indictment filed against Panther Energy Trading, LLC.  The indictment, alleging Panther Energy designed and deployed algorithms that issued and canceled orders within milliseconds — faster than the blink of an eye but long enough to be detected by other automated trading programs that troll the markets.  These actions “spoofed” the markets with enormous buy or sell orders that were canceled almost instantaneously, all to win illegal profits by manipulating the price of futures contracts.  The action, according to Perry, protects high frequency traders and ensures integrity in the markets.  

Posted November 1, 2014 | by Braden Perry |in CFTC

Perry Featured in Corporate Secretary Article on the Walmart Ruling and Board Governance

Braden Perry was recently interviewed by Corporate Secretary regarding the Walmart v. Indiana Electrical Workers Pension Trust Fund IBEW ruling, imputing knowledge on Board of Directors.  The ruling, which many believe will expand director accountability for knowledge of documents never received and cloud the attorney-client privilege, allowed institutional investors to inspect corporate documents related to Walmart’s internal investigation of suspected bribes at its Mexican operations.  According to Perry, “companies should have clear policies that outline documents subject to books and records requests. There should also be clear reporting and communication lines to ensure board members have knowledge of facts for which they may be held accountable.”

Posted May 12, 2014 | by Braden Perry |in Class Action Litigation, Compliance