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Commentary by Nihal Patel

The U.S. District Court for the Southern District of New York determined that the CFTC does not have jurisdiction over swaps on ETF shares or certain "basket swaps" (i.e., that these products are "security-based swaps" subject to SEC's sole jurisdiction).

Five broker-dealers, three dually registered broker-dealers and investment advisers, and two affiliated investment advisers settled charges with the SEC and CFTC for recordkeeping violations after failing to preserve electronic business-communications made using their personal devices.

Steven Lofchie Commentary by Steven Lofchie

House Financial Services Committee members Mike Flood (R-NE), Ritchie Torres (D-NY), French Hill (R-AR) and Wiley Nickel (D-NC) introduced the Uniform Treatment of Custodial Assets Act. The proposed legislation would prohibit financial institutions from including crypto assets held in their custody as a liability on their balance sheet.