Steven Lofchie is a Partner based in New York. He advises financial institutions and corporate clients on the securities laws and the Commodity Exchange Act, with particular focus on the regulation of broker-dealers, swap dealers, investment funds and other market intermediaries. Steven's transactional practice focuses on securities credit and derivative transactions.

Recent Articles & Comments

The Monex case is significant, at least as to retail investors, in that it establishes some minimum requirements for "delivery" of a physical commodity that are sufficient to avoid regulation as a futures contract. The decision is also protective of retail investors in that it shuts down a business that seems rigged against them; these investors would be better off trading listed futures on the same underlying products.

Given that the Post Office is and has massive pension obligations, a strong argument can be made that the Post Office does not have a profit-making motive. The link between delivering mail and running a bank is less obvious, beyond the fact that both services may take place out of a building.

In October of last year, FinCEN and OFAC ; e.g., violations of OFAC sanctions regulations. Since then there have been a number of significant ransomware incidents where the U.S. Government implicitly consented to firms paying ransomware. The new site seems to take a much softer attitude towards firms paying ransom, cautioning that the payment of ransom is no assurance that a firm's data will be restored.