CFTC Fines Registrant for Cybersecurity Violations
CFTC Fines Registrant for Cybersecurity Violations
Carpenter v. U.S. and the Privacy of Cellphone Location Data
Braden Perry, a former federal enforcement attorney who is now a regulatory and government investigations attorney with Kennyhertz Perry, discussed the Supreme Court case Carpenter v. U.S., and the privacy
Non-Registrant Sanctions: CFTC Taking Actions for Failure to File Required Reports
Non-Registrants face many CFTC rules and regulations, and increasingly the obligation to file certain reporting forms, including Forms 204 and 304. Violations of these obligations have been highlighted recently in several CFTC enforcement actions, including CHS Inc., Marubeni America Corporation, and most recently Agrocorp International Pte Ltd. and Golden Agri International Pte Ltd.
Non-Registrant knowledge and understanding of the very technical and sometimes contradictory reporting minutia. If you have questions regarding CFTC Forms 204 and 304, Regulation 19.01, or any other CFTC rule or regulation, please contact Braden Perry with Kennyhertz Perry, LLC’s Commodities, Futures, and Derivatives, and Government Enforcement practice groups, where roots of the practice are in the commodities markets, where Mr. Perry spent time as a CFTC Senior Trial Attorney. Kennyhertz Perry lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, and CFTC regulations, and the rules of the derivatives exchanges and clearinghouses and other industry self-regulatory organizations. Kennyhertz Perry lawyers guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on modifications of transaction structure and documentation. Mr. Perry also brings his enforcement experience and his substantial prior experience in white collar criminal defense practice, and represents corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the CFTC and NFA.
Braden Perry Featured in Series on Law Firm Information Security
Kennyhertz Perry, LLC Partner Braden Perry was featured as one of several information security experts in the ABA Law Practice Today. Mr. Perry discussed the revelation that some of the country’s most prestigious law firms were hacked in an attempt to uncover confidential information, coupled with the “Panama Papers” scandal, and how it has put an uncomfortable spotlight on law firms and their data security programs.
The two-part series, entitled “Law Firm Hack Attack,” addresses the serious issues with law firms and their data security, including why law firms are targets. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving complex or emerging and novel issues. He also works with clients in all industries in crafting information security programs and ensuring their current information security programs are sound.
Perry Discusses Apple’s iPhone Defenses with IDG News Service
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.”
Handling a Business Lawsuit: Perry Talks with Business News Daily
Braden Perry, a litigation, regulatory and government investigations attorney with Kennyhertz Perry, LLC was one of several experts that spoke with Business News Daily on the first steps to take if your company has been sued. Perry said that you should check the caption and service information on the lawsuit to ensure that it contains the proper entity or person associated with the issues. If this information is incorrect in any way, you may move to dismiss the action in its entirety. If it is correct, you should proceed with reviewing the allegations and put a litigation hold, or preservation order, in place. This requires the company to preserve all data that may relate to the legal action.
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.
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.
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.
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.
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.”
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.”