Partner
Norton Rose Fulbright US LLP
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
As to whether event contracts on elections should be prohibited, as it stands, the does not seem to prohibit the contracts, and the CFTC should not stretch the word or its authority to reach a desired result. If Congress wants to amend the CEA to prohibit election contracts, there is plenty of time before the next election.
Among several justifications for its disputed Order banning election contracts, the CFTC argued that these contracts were potentially subject to…
The SEC's mission is to adopt regulations that benefit the economy as much as it is to bring enforcement actions. But the SEC derives its reputational prestige and its presence in the newspapers from enforcement actions. As a result, the agency tends to overvalue enforcement actions. Giving greater discretion to enforcement staff bolsters that tendency. At the same time, the agency gives almost no discretionary authority to regulatory staff to provide no-action relief that might facilitate…
This is an excellent report with much useful, practical detail. Anyone involved with the implementation of any aspect of the clearing mandate should read at least the section of the report relevant to that issue.
One clear takeaway: there is substantial complexity to this project and numerous moving pieces that must be put into place in order for the mandate not to damage the market for US government securities.
Another takeaway: assuming the project can be completed (…
To read Chair Gensler's remarks, one might think he had spent his tenure at the SEC promoting crypto assets or that he had overcome terrible resistance to allow the clearing of Bitcoin ETFs. Not mentioned is the fact that the SEC's continuing refusal to allow the listing of ETFs on ether was overthrown by the courts as arbitrary and capricious. Also not mentioned is the SEC's complete failure to think through a workable regulatory scheme for cryptocurrencies.
As to the Chair's…