FERC, CFTC, and State Energy Law Developments

On August 30, the Commodity Futures Trading Commission (CFTC) requested comments on proposed amendments to its whistleblower awards process and anti-retaliation enforcement authority. The proposed amendments are intended to enhance the transparency of the award evaluation and review process and to clarify CFTC staff authority to administer the whistleblower program and take enforcement action where whistleblowers are retaliated against.

In a recent LawFlash, partner Lewis Csedrik, partner-elect Levi McAllister, and associate Pamela Tsang discuss these proposed amendments, which would make the CFTC’s whistleblower awards process more uniform with the SEC’s program, as well as enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers.

Read the full LawFlash.

The amendments to the CFTC’s registration rules will codify no-action relief that permits non-US asset managers to rely on an exemption from the requirement to register with the CFTC by virtue of trading uncleared swaps in the United States on behalf of non-US clients.

Read the full LawFlash.

On October 18, the Commodity Futures Trading Commission (CFTC) issued a Final Rule codifying regulations that establish limits on speculative positions in 28 physical commodity futures contracts traded pursuant to the rules of a Designated Contract Market (DCM) and economically equivalent swaps. The CFTC's Final Rule implements Section 737 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), which directed the CFTC to issue a rule limiting the amount of positions, other than bona fide hedging positions, that may be held By any person in connection with commodity futures and option contracts traded pursuant to the rules of a DCM.

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