The CFTC’s New Enforcement Manual Guidance Details Factors Used in Corporate Compliance Programs

The CFTC’s New Enforcement Manual Guidance Details Factors Used in Corporate Compliance Programs

The Commodity Futures Trading Commission (“CFTC”) has announced Division of Enforcement staff-level guidance that outlines whether a company’s compliance program was reasonably designed and implemented to (i) prevent the underlying misconduct at issue; (ii) detect the misconduct; and (iii) remediate the misconduct. At all points, the Division will conduct a risk-based analysis, taking into consideration

Braden Perry Discusses The Consumer Data Privacy and Security Act In the Washington Examiner

Braden Perry Discusses The Consumer Data Privacy and Security Act In the Washington Examiner

The Consumer Data Privacy and Security Act is a bill by Kansas Republican Sen. Jerry Moran, one of the many privacy bills in Congress right now. If the bill is passed, it would add 440 employees to the FTC’s 1,000-plus workforce. Kennyhertz Perry partner, Braden Perry, is featured in a Washington Examiner article discussing Moran’s

Braden Perry Discusses Artificial Intelligence Regulation Risks in Article

Braden Perry Discusses Artificial Intelligence Regulation Risks in Article

A number of the world’s leading democracies (U.S. excluded) would like to take a closer look at artificial intelligence (AI), and it’s affect on privacy, security, human rights, crime and finance. The U.S. has not joined this movement, for they believe this regulation could likely hurt businesses and the development of AI technologies.  However, six

Diageo Charged with Disclosure Failures by the SEC

Diageo Charged with Disclosure Failures by the SEC

Alcohol producer Diageo plc, has been charged by the Securities and Exchange Commission (SEC) for violating antifraud provisions of  Section 17(a)(2) and (3) of the Securities Act of 1933 and particular reporting provisions of the federal securities laws.  Diageo’s lack of necessary disclosure of trending shipments and sales, has lead to a misleading idea of

Unregistered Commodity Pool Operator and It’s Principal Charged with Fraud in Missouri

Unregistered Commodity Pool Operator and It’s Principal Charged with Fraud in Missouri

A civil enforcement action was filed today in the U.S. District Court for the Eastern District of Missouri against Joshua Christian McDonald, and his company Perfection PR Firm LLC (PPR), by the Commodity Futures Trading Commission.  McDonald’s company, out of California and Tennessee, was charged for an off-exchange foreign currency trading scheme of fraud and

Five Big Name Technology Firms to be Examined by FTC

Five Big Name Technology Firms to be Examined by FTC

Alphabet Inc., Amazon.com, Inc., Apple, Inc., Facebook, Inc. and Microsoft Corp. were issued Special Orders from the Federal Trade Commission (FTC) demanding they make available information and documents on acquisitions unreported to antitrust agencies under the Hart-Scott-Rodino (HSR) Act.  The order requests documents discussing terms, scope, structure and reason for transactions from these big name

Braden Perry Featured in Disruptor Daily Series on Blockchain and Agriculture

Braden Perry Featured in Disruptor Daily Series on Blockchain and Agriculture

Kennyhertz Perry, LLC Partner, Braden Perry was featured as one of several Blockchain experts in two Disruptor Daily articles on Blockchain in the agriculture industry. Perry discussed growth and the future of Blockchain in agricultural businesses. Perry has extensive experience advising clients in agricultural business and Blockchain, particularly in enforcement matters involving complex emerging and

FTC Sends Warning Letters to CBD Companies Advertising Treatments for Serious Diseases

FTC Sends Warning Letters to CBD Companies Advertising Treatments for Serious Diseases

The FTC announced today that it sent letters to multiple companies that sell CBD products, waring them that claims they made regarding CBD violate federal law.  These “warning letters” state that it is illegal to advertise that a product can prevent, treat, or cure human disease without competent and reliable scientific evidence to support such

Checklist for Government Contact

When a party is contacted by a federal, state, or local regulatory or law enforcement or government entity, including the Securities and Exchange Commission, the Commodity Futures Trading Commission, Federal Trade Commission, Medicare/Medicaid agencies such as the Center for Medicare and Medicaid Services and the Office of Inspector General of the United States Department of Health

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.”