Last month marked the latest chapter in the long, strange saga of Bitcoin futures. On June 2nd, the Commodity Futures Trading Commission (“CFTC” or “Commission”) filed a civil complaint against the cryptocurrency exchange Gemini “for making false or misleading statements of material facts or omitting to state material facts to the CFTC in connection with… Read More »
The following is an edited comment letter that was submitted to the Commodity Futures Trading Commission (CFTC, or Commission) on May 11th in regards to the Commission’s request for comment on FTX’s request to amend their derivatives clearing organization order to permit it to clear non-intermediated, margined products. All submitted comments can be viewed here. We are law professors… Read More »
This post also appears on Duke Law’s Lawfire blog In the wake of the U.S. and its allies imposing unprecedented economic and financial sanctions on Russia, there has been a number of articles about the role cryptocurrency may play in undermining these sanctions (see here, here, and here). While the situation is fluid and defies easy predictions, western… Read More »
Last April, I wrote about Wyoming’s ongoing effort to roll out the red carpet for cryptocurrency firms by passing a number of bills favorable to the sector. Most notably, the state created an entirely new type of bank charter – the Special Purpose Depository Institution (SPDI) charter – to assist “blockchain innovators” in accessing “secure and reliable… Read More »
With the rapid expansion of corporate net-zero commitments and the recent pledge by financial institutions (FIs) – with over $130 trillion in assets – at COP26 in Glasgow to hit net-zero emissions by 2050, a credible mechanism to measure these commitments and hold companies accountable for meeting them is of critical importance. To that end,… Read More »
The following is an edited comment letter that was submitted to the Commodity Futures Trading Commission (CFTC, or Commission) on September 22nd for the invitation to comment on the proposal by the Commercial Energy Working Group to form an EEMAC carbon markets subcommittee.[1] The proposed stakeholder group would produce a report on principles for designing the derivatives… Read More »
In a recent post, we summarized comments submitted to the Securities and Exchange Commission (SEC or Commission) regarding the request for public input on climate change disclosures (RFPI) released by then Acting Chair, Allison Herren Lee on March 15, 2021. With the Commission set to release a Notice of Proposed Rulemaking on climate disclosure by… Read More »
Recognizing that “investor demand for, and company disclosure of information about, climate change risks, impacts, and opportunities has grown dramatically,” former Securities and Exchange Commission (SEC or Commission) Acting Chair Allison Herren Lee released 15 questions for consideration on March 15, 2021 “with an eye toward facilitating the disclosure of consistent, comparable, and reliable information… Read More »
Climate change poses serious risks to almost every aspect of the economy, and its impacts will have long-term disruptive effects on financial markets around the world. Currently, these risks are not adequately addressed by financial regulators in the United States. As a result, climate-related information is not accurately incorporated into financial markets, leaving firms, investors,… Read More »
Last month, I published an op-ed in the Wall Street Journal that argued for a ban on cryptocurrency in order to combat the ransomware plague that is devastating our economy and businesses across the country. My premise is simple. Cryptocurrency has been around for over a decade; that is more than enough time for us to take… Read More »
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