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

Is this an example of a situation where over-regulation of small banks ended up chasing business away from the regulated sector? Or was the move from regulated bank lenders to non-regulated lenders inevitable given the costs of regulation at any level?

That seems a good "to do" list. The priorities reflect a return by the SEC to its traditional missions (which is all to the good) plus FinTech.

While there is a growing consensus that there should be a federal system of regulation of cryptocurrencies and ICOs, it seems unlikely that the development of such a system can be accelerated by reliance on a system of "self-regulation." Such systems succeed because members interact extensively with each other and share a mutual interest in the development of the industry and the product as a whole.

These are not the characteristics of the crypto industry. To a good extent, one may…

If the CFTC has jurisdiction over any cash market transaction involving any "commodity" (bearing in mind that virtually everything is a commodity), then the CFTC's antifraud jurisdiction is virtually unlimited in scope. At a minimum, the CFTC has antifraud jurisdiction over energy products, agricultural products and metals.

A few questions follow: Did Congress really intend to provide the CFTC with such broad jurisdiction? Should the CFTC's jurisdiction be this broad? And how will, or…