Evaluating the CFTC’s Actions in 2023 and the Outlook for 2024

In 2023, the CFTC issued a raft of rulemaking proposals, guidance and requests for comments that add up to a major overhaul of how the derivatives market is governed, albeit an as-yet-incomplete one. Longtime concerns such as separately margined accounts; political event markets; the efficacy of existing rules under the Dodd-Frank Act of 2010; swaps reporting and recordkeeping; international harmonization; artificial intelligence; cryptocurrencies; and decentralized finance were all on the agenda. Last year was also the busiest on record for the agency in terms of enforcement. To review the CFTC’s full 2023 agenda, its actions so far in 2024 and what might happen before the November 2024 U.S. elections, WilmerHale hosted a webinar that featured partners Matthew B. Kulkin, former director of the CFTC’s Division of Swap Dealer and Intermediary Oversight, Elizabeth L. Mitchell and Tiffany J. Smith, and special counsels Matthew Beville and Megan O’Flynn. This article summarizes the panelists’ thoughts. For additional commentary from WilmerHale attorneys, see our two-part series on prior CFTC activity: “Enforcement Actions” (Apr. 15, 2021); and “Regulatory Actions” (Apr. 29, 2021).

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