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

Commissioner Peirce's call for the regulators to be self-critical is welcome. Likewise are her suggestions that both the causes of the financial crisis and the regulatory responses to it be critically re-examined.

There are, however, important challenges to her stated goals. Is it possible to have multiple regulators both be open to ongoing regulatory review and revision and, at the same time, to conform their own rules? It is certainly good news that the CFTC and the SEC are…

The gist of the case is not as to a dispute over whether Exxon's business will be harmed by climate change, or even as to whether climate change regulation will hurt Exxon. Rather, the complaint is with Exxon's description of the manner in which it described the potential costs of climate change regulation and the manner in which it calculated those costs. 

The gist of the case is not as to a dispute over whether Exxon's business will be harmed by climate change, or even as to whether climate change regulation will hurt Exxon. Rather, the complaint is with Exxon's description of the manner in which it described the potential costs of climate change regulation and the manner in which it calculated those costs.

Commissioner Behnam's remarks included some pointed criticisms of CFTC Chair Giancarlo. In reference to the that Chair Giancarlo published on cross-border regulation, Mr. Behnam asserted that CFTC commissioners ought to act only through formal Commission action, such as the issuance of concept releases or formal rule makings. 

There is nothing in the law that limits the ability of CFTC commissioners to take individual public stands…