The Commodity Futures Trading Commission, or CFTC, has broad regulatory powers to monitor the U.S. derivatives markets, which include futures, swaps, and some options.
Jones Day partner Josh Sterling, the former Director of the CFTC’s Market Participants Division, talks about how the Commission fits into the broader regulatory framework, how it monitors fintech innovations, its climate change priorities, and what market participants can expect from the Biden administration.
In this recap of a recent Jones Day client-focused webinar, partners Harriet Territt, Eva Monard, Sean Boyce, and Rick van ‘t Hullenaar review 2020’s critical developments in U.S., EU and UK sanctions and export controls that directly impact EU, Middle Eastern and UK businesses operating in the global marketplace. These include:
- Expanded use of U.S. secondary sanctions and export controls;
- The emergence of global Magnitsky-style (human rights) sanctions regimes in the UK and EU;
- Increased pressure for more active enforcement of EU sanctions;
- The advent of an independent UK sanctions regime; and
- Growing divergence between U.S. and EU sanctions policies.
The panel then focuses on 2021, noting the key transitions occurring in the U.S., where a new administration will examine the mark left by the previous administration on U.S. sanctions and export control policy, and in the EU and UK, where the Brexit transition period ended last year. These transitions will have far-reaching implications for global trade.
Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings typically develop in private enforcement matters, access to evidence under French law, class actions, and why French courts are receptive to these actions.
Jones Day partners Rick Puente and Chris Pace talk about what affected parties need to know about the Helms-Burton cases moving through U.S. district and appellate courts. They also comment on the current state of U.S./Cuba relations, and discuss how the Biden administration might approach dealings with the Caribbean nation.
Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu’s impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during COVID-19, and explain the factors the PTAB considers when exercising its discretion to deny an inter partes review, including parallel district court litigation involving the legitimacy of the same patent.
Jones Day partners Lanier Saperstein and Jay Tambe talk about The New York Department of Financial Services’ recent guidance on Climate Change and Financial Risks, and BlackRock CEO Larry Fink’s annual January letter to corporations, which addressed similar issues.
The conversation focuses on how regulators and asset managers are addressing investors’ concerns relating to climate change, including the risks of potential climate-related damage to physical property, and the economic benefits of moving toward carbon-neutral investment options.
In the fourth installment in our series of programs on the private enforcement of competition law in European jurisdictions, Jones Day partners Mario Todino and Lamberto Schiona discuss how private enforcement has evolved in Italy in recent years, the types of actions available, recent precedents, and the advantages and disadvantages of legal action in Italy.
Health care providers hold a unique position in the fight against human trafficking. To help them understand their reporting and education obligations related to anti-human trafficking activities, Jones Day has prepared “Human Trafficking and Health Care Providers: Legal Requirements for Reporting and Education.”
Jones Day’s Alexis Gilroy, Curt Kirschner, and Taylor Goodspeed, along with Dr. Hanni Stoklosa of HEAL Trafficking and Claire Zangerle of the American Hospital Association, explain how hospitals and providers should use the tool, Talk about how providers can overcome barriers to identifying and reporting trafficking incidents, and discuss the significant role of telemedicine.
Takeaways from this discussion:
- Green bond issues are surging worldwide, eclipsing US$257 billion in 2019.
- Major corporates, including many not usually associated with climate initiatives, are bringing green bonds to market, spanning the investment grade and high-yield spectrum and including more exotic instruments as convertibles and covered bonds.
- Green bond qualifying standards in Europe differ from those in the United States. An EU Green Bond Standard may be adopted as early as Q4 2020.
- First-time issuers should plan time to calibrate their green bond framework and prepare for reporting requirements, enhanced investor outreach, and potential for liability.
- “Greenwashing” remains a concern.