Derivatives
Regulation
The Dodd-Frank Act
Kolobara Law Firm offers a comprehensive approach to the Dodd-Frank Act
training, implementation, and compliance for commodities and derivatives
market participants. We stay on the cutting edge of the latest regulatory
and legal developments related to the Dodd-Frank Act. Our managing attorney,
Miki Kolobara, serves on one of the largest Dodd-Frank working groups in the
energy industry – the IECA Contracts and Legal Group. He has been a frequent
speaker on the Dodd-Frank Act implementation and compliance.
Kolobara Law Firm develops customized Dodd-Frank Act compliance and
implementation programs for end users, swap dealers, and major swap
participants. We help market participants identify the relevant Dodd-Frank
Act exposures and we assist them in creating commercially oriented solutions
with minimal business disruption.
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Prohibition Against Market Manipulation
Energy market participants are subject to numerous anti-manipulation
regulations. Federal regulators (FERC, FTC, or CFTC) can impose civil
penalties of up to $1 million per violation for every day the violation
occurs. They can order disgorgement of profits and revoke a company’s
market-based rate authority. The courts can, in some circumstances, bar
individuals from serving as an officer or director of an electric utility or
natural gas company, as well as prohibiting such individuals from engaging
in the business of buying or selling energy commodities or transmission
services subject to FERC jurisdiction.
Kolobara Law Firm draws on its significant in-house experience dealing with
market manipulation matters to assist our clients with training and
implementing the best industry practices to prevent market manipulation.
When it comes to anti-manipulation issues, our emphasis is on prevention.
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Trading Exchanges and Clearing Organizations
Rules
Participants in commodities and derivatives markets frequently are subjected
to complex and increasing rules and regulations from trading exchanges and
clearing organizations. Very often, market participants are not even aware
that they are affected by those rules and regulations. Nonetheless, a
violation of an organized exchange rule could also be a violation of the
Commodity Exchange Act. The rules and regulations of the organized exchanges
and clearing organizations apply to all market participants, even those that
only execute or clear trades occasionally.
Kolobara Law Firm helps market participants identify and manage the
applicable exchange and clearing organization rules and regulations. We
advise clients with relevant exchange rules applicable to brokerage
agreements, trade execution, margin issues, clearing trades, related hedging
matters, and other relevant exchange trading or clearing rules. Our advice
is focused on enhancing trade compliance and business goals.