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Douglas E. Arend focuses his practice on commodity futures, derivatives and securities, with an emphasis on managed funds. He represents registered and exempt investment advisers, commodity pools and hedge funds, proprietary trading firms, introducing brokers, futures commission merchants and broker-dealers. Douglas concentrates on complex transactional and regulatory matters, including public and private offerings, fund formation, business structuring, registration and compliance. His public fund experience includes SEC registered offerings, and compliance with the Securities Act of 1933, the Dodd-Frank Act, the Commodity Exchange Act and CFTC regulations.


Continue Reading CFTC Proposes Expanding Exemption for Non-U.S. Commodity Pool Operators

On March 21, 2019, in Whitaker v. Wedbush Securities, an Illinois appellate court for the first time addressed the liability of a futures commission merchant (FCM) or broker-dealer (BD)
Continue Reading When Can Futures Commission Merchants and Broker-Dealers Be Deemed Banks?

The rise of blockchain technology ventures raising money preternaturally through initial coin offerings and token generation events (collectively, ICOs) is a capital formation disruptor, one which has and will continue
Continue Reading Regulators Weigh in on Digital Assets, Tokens, Securities, and Derivative Instruments Used in ICOs

Both the SEC and the CFTC were authorized by the Dodd-Frank Act to reward certain persons for providing information that leads to an enforcement action.  Prompted by such a “whistleblower’s” notification, the CFTC investigated and initiated a widely-reported civil enforcement action against a trader.  Under the CFTC’s implementation of the whistleblower program, for information that leads to monetary sanctions in excess of $1 million, whistleblowers can be paid between 10% and 30% of the sanction.
Continue Reading CFTC Picking Up the Pace of Whistleblower Program

After enactment of the Dodd-Frank Wall Street Reform and Customer Protection Act of 2010 (“Dodd-Frank”), Commodity Futures Trading Commission (“CFTC”) expanded its enforcement authority outside the traditional realm of exchange-traded
Continue Reading CFTC Continues to Exercise Expanded Enforcement Authority Granted Under Dodd-Frank

In a recent public speech, CFTC Chairman Timothy Massad described cybersecurity as “perhaps the single most important new risk to market integrity and financial stability.”  On March 18, 2015, CFTC staff conducted a roundtable regarding this topic, during which CFTC suggested possible proposed rulemaking.  CFTC staff said that CFTC is considering a rule imposing cybersecurity requirements on exchanges and clearing organizations, but one that at least initially would not apply to other market participants.  Chairman Massad indicated that a proposed rule would focus on setting standards for testing: (a) system safeguards; (b) vulnerability and penetration; (c) key controls; and (d) business recovery and disaster recovery. 
Continue Reading Cybersecurity Viewed as Market Risk by CFTC