The Commodity Futures Trading Commission (CFTC) released its annual 2016 CFTC enforcement results. Here is a list of “high-impact” cases: • Two first-of-their kind actions charging employees of companies with
Braden Perry, government enforcement and litigation partner with Kennyhertz Perry, LLC was again contacted by IDG News Service to discuss Apple’s defenses and their refusal to follow Judge Pym’s order requiring assistance to the FBI’s in its probe of the San Bernardino terrorist acts. IDG News Service is the wire service representing PCWorld, Computerworld, MacWorld, Network World, CIO and dozens of other leading tech publications worldwide.
Apple recently raised its defenses in a court briefing, ranging from attacking the purposes of the All Writs Act, to the 1st and 5th Amendment arguments. Perry commented on the the overall balancing the needs of law enforcement with the privacy and personal safety interests of the public, and the fact that the ” government needs a ‘compelling’ interest to force Apple to write new code,” he said. Still, however, Apple faces an “uphill battle.”
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.
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.
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.
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.
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.
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, 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 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/
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