Insights

Patomak Webinar: Financial Services Regulatory and Enforcement Outlook for 2021

As the Biden Administration nears its 100 day mark and as agency leaders are confirmed in their roles, the new Administration's work of governing is getting underway. Patomak hosted a webinar moderated by Paul Atkins, and featuring former SEC, CFTC, Department of Justice, Department of Treasury, and CFPB officials who shared their expectations for how agencies will operate and how organizations can best prepare.

2020 Enforcement Guidance

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Jill Sommers and Jamila Piracci write that the Commodity Futures Trading Commission (CFTC), the Securities and Exchange Commission (SEC), and the Department of Justice (DOJ) have all issued 2020 guidance informing market participants about evaluations and determinations by enforcement staff and prosecutors in conjunction with their respective enforcement actions. While the agencies differ in mission, an examination of the guidance finds common themes and approaches.

Patomak’s Paul Atkins Hosts Webinar Featuring Agency Leaders on Cryptocurrency, Blockchain, and the Evolution of a Central Bank Digital Currency

The November 13 discussion examined the pros and cons of blockchain and cryptocurrency and how it intersects with active central bank digital currency pilot programs underway around the globe.

CFTC Home Improvement

Based on his 3+ years serving as Monitor in a major swaps reporting case, Patomak Global Partners CEO Paul Atkins shares his views on swaps-data reporting improvements that can be implemented industrywide. The CFTC considers new swaps reporting rules September 17.

The CFTC Votes to Provide Firms More Time and Clarity Around Initial Margin for Uncleared Swaps

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The Commodity Futures Trading Commission (CFTC) voted 5-0 during its open meeting on May 28 to adopt an interim final rule to extend the September 2020 compliance date (Phase 5) for regulatory Initial Margin (IM) , to September 1, 2021.

Upcoming CFTC Meeting may Bring Margin of Relief

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On Thursday, May 28, the CFTC will hold a public meeting to consider extending the compliance schedule for initial margin requirements for uncleared swaps in response to the COVID-19 pandemic, in line with the Global Markets Advisory Committee recent endorsement of subcommittee recommendations.

WSJ: Sanders’s Tax Would Hit Small Investors

Patomak Global Partners Senior Advisor Fred Hatfield writes in a WSJ opinion piece, ”I share my fellow Democrats’ concerns about income inequality and the need for a fairer tax system. But the presidential candidates would do well to drop one of their talking points: a financial transaction tax.“
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Morning Consult: Billions of Dollars Have Migrated to the Blockchain. Now What?

Token Alliance co-chairs Paul Atkins and Jim Newsome write in an op/ed in Morning Consult: The private sector drives innovation; it is one of the best characteristics of the American economy. In contrast, the government operates deliberately and carefully. That is why we worked with Token Alliance, an initiative of the Chamber of Digital Commerce representing more than 350 blockchain and token experts from around the globe, to develop a comprehensive set of guidelines now to help shape the responsible growth of the token marketplace. The collaborative report is designed to be used as a resource among industry innovators, consumers, and policymakers to address so-called “utility tokens,” an aspect of the token economy fighting to be recognized.

Forbes: Token Alliance: Utility Tokens ‘Under Threat Of Extinction By Regulation’ In U.S.

Forbes contributor Aaron Staley writes: “…An overly expansive interpretation and application of the Howey Test could threaten the utility of blockchain technology and could stifle innovation,” states a new report from the Token Alliance, a coalition led by the Chamber of Digital Commerce - the U.S. blockchain and digital asset trade group... “These industry-developed principles are an important tool for responsible growth and smart regulation that strikes the right balance between protecting investors while allowing for innovation in this new technological frontier,” said Paul Atkins, CEO of Patomak Global Partners and a former SEC commissioner.

Bloomberg: Bitcoin Market Poised for CFTC Insider Trading Scrutiny

By Lydia Beyoud and Andrew Ramonas

Federal regulators looking for a way to target suspicious cryptocurrency trading may turn to a little-used insider trading regulation put in place after the 2010 Dodd-Frank Act.