The Basics of Enforcement Actions and Civil Litigation Related to Swaps, Futures, and Options

Tuesday, April 17, 2018 | 9 am – 12 pm

 

 

Program Chair:

Gary E. Kalbaugh
Deputy General Counsel and Director
ING Financial Holdings Corp.

  • This program is for those who may be involved with a Commodity Futures Trading Commission or Securities and Exchange Commission enforcement action or be a plaintiff or defendant in litigation regarding derivatives. It answers how enforcement actions are initiated by the Commodity Futures Trading Commission or the Securities and Exchange Commission and details the process for an enforcement action from start to finish. Private rights of action under the Commodity Exchange Act and related federal and state statutes are examined. This program also assesses the intersection between enforcement actions and civil litigation, top enforcement and litigation risks, and how to conduct an internal investigation.

    This program is a must for anyone potentially involved with derivatives-related enforcement actions or litigation.

    Live Program & Webcast: $229 Member | $329 Nonmember

  • Louis F. Burke
    Louis F. Burke PC
    Ronald J. Colombo
    Professor of Law and Associate Dean for Distance Education
    Maurice A. Deane School of Law at Hofstra University
    Thomas V. D’Ambrosio
    Morgan, Lewis & Bockius LLP
    Michael Eisenkraft
    Cohen Milstein Sellers & Toll PLLC
    Michael Greenberger
    Professor of Law
    University of Maryland
    Christian A. Johnson
    Widener School of Commonwealth Law School
    David Kovel
    Kirby McInerney LLP
    Robert M. McLaughlin
    Fried, Frank, Harris, Shriver & Jacobson LLP
    Daniel Michael
    Chief, Complex Financial Instruments Unit
    Securities and Exchange Commission
    Charles R. Mills
    Steptoe and Johnson, LLP
    Gregory G. Mocek
    Allen & Overy, LLP
    Lauren Wagner Pederson
    Wagner Pederson LLC
    Manal Sultan
    Commodity Futures Trading Commission

  • 9:00 am – 9:05 am  Welcoming Remarks

    Gary E. Kalbaugh and Robert M. McLaughlin

    9:05 am – 10:00 am Anatomy of an Enforcement Action

    • What is the process by which an enforcement action is initiated in the CFTC?
    • What is the process by which an enforcement action is initiated in the SEC?
    • Administrative law judges: What impact do Bandimere and Lucia have on enforcement methodology?
    • Self-reporting, cooperation benefits, waivers, and non-U.S. data privacy
    • How does a typical enforcement action proceed from initiation to final judicial determination?

    Moderator: Christian A. Johnson; Panelists: Daniel Michael and Gregory G. Mocek

    10:00 am – 10:05 am Break
    10:05 am – 10:55 am  Anatomy of Civil Litigation – Plaintiff and Defense

    • How are private rights of action initiated under the Commodity Exchange Act or, for securities-based swaps, the securities acts?
    • What are the limitations of Commodity Exchange Act claims?
    • The role of CFTC reparation proceedings
    • What other statutes are claims related to derivatives brought under?
    • Are state claims available or sought?

    Moderator: Lauren Pederson; Panelists: Louis Burke, Michael Eisencraft, and David Koval

    10:55 am – 11:00 am  Break
    11:00 am – 12:00 pm Enforcement and Litigation Risks

    • How do enforcement actions and civil litigation intersect?
    • What enforcement risks might market participants be least aware of?
    • What circumstances represent the greatest litigation risks?
    • Strategies to prevent or mitigate impact of enforcement actions or litigation
    • Conducting internal investigations

    Moderator: Gary E. Kalbaugh, Ronald J. Colombo, Michael Greenberger, and Charles R. Mills

  • CLE Credit
    NY:
    3.0 professional practice
    NJ:
    3.3 general MCLE
    CA: 3.0 general MCLE
    PA:
    2.5 general MCLE

  • Sponsoring Association Committee: Futures and Derivatives Regulation | Robert M. McLaughlin, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Maricela Alfonso | Membership and CLE Relations Associate | (212) 382-6608 | MAlfonso@nycbar.org

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