In this Goodwin Insight, Karen Ubell, Mitzi Chang, and Adam Fovent discuss how reliance on enforcement as the principal tool for regulation is beset by fundamental limitations as a means of policymaking and setting regulatory expectations for a nascent and rapidly evolving technology and industry. To read more, click here.
On February 28, 2023, the National Futures Association (NFA), the self-regulatory organization for U.S. derivatives market participants, submitted to the Commodity Futures Trading Commission (CFTC) for approval a new Compliance Rule 2-51: Requirements for Members and Associates Engaged in Activities Involving Digital Asset Commodities. Compliance Rule 2-51 would impose compliance…
In a recent client alert, Goodwin partner John Servidio and associate Adam Fovent discuss the International Swaps and Derivatives Association’s (ISDA) Digital Asset Derivatives Definitions. As ISDA CEO Scott O’Malia observed, the Digital Asset Definitions are intended to “establish an unambiguous, standardized contractual framework for digital asset derivatives under the umbrella…