Acting with other US regulators, the Commodities Futures Trading Commission (“CFTC” or “Commission”) recently issued two consent orders (“CFTC Orders”) and filed a complaint (“CFTC Complaint”) alleging fraud and false, misleading, or inaccurate reports relating to voluntary carbon credits (“VCCs”). As noted by CFTC Director of Enforcement Ian McGinley, “[these actions] demonstrate [the CFTC’s] commitment to vigorously fight frauds in its markets, whether long-established or new and evolving, such as the carbon credit markets.” These are the first CFTC actions for fraud in the VCC market, and closely follow the CFTC’s recently published final Commission Guidance Regarding the Listing of Voluntary Carbon Credit Derivative Contracts (“Final Guidance”).

On 5 June 2024, the United States Court of Appeals for the Fifth Circuit vacated the Private Fund Adviser rule (“Rule”) in its entirety on the grounds that the SEC, in enacting the Rule, had exceeded its statutory authority. The Rule was adopted by the SEC in August 2023 and would have fundamentally changed the regulatory landscape for private equity funds and their investors. The outcome was somewhat unexpected as in oral arguments the petitioners only directly challenged three of the five provisions that make-up the Rule and there was significant discussion as to whether the five provisions of the Rule should be considered a single rule or if the five provisions should be considered separately.

On 17 January 2024, the International Swaps and Derivatives Association, Inc. (ISDA) launched a new clause library – this time for sustainability-linked derivatives (SLDs) – that sets out template contractual terms and related definitions for SLD transactions. The SLD Clause Library introduces standardized provisions for SLDs to meet the growing market demand for derivatives products linked to environmental, social and governance (ESG) goals, enhancing the commercial viability of SLDs as an effective financial tool to facilitate the delivery of sustainable initiatives.

The last thirty days in September, the end of the US federal government’s fiscal year, is generally an important time to analyze enforcement activity by the US Securities and Exchange Commission and the US Commodity Futures Trading Commission. In this short video, Baker McKenzie Partner Peter Chan, a former SEC Assistant Director of Enforcement, provides his insights regarding the importance of the timing of some of these enforcement actions.

In this update, we take high-level review of major issues faced by private fund managers investing across the globe. In August and September, private fund managers with U.S. investors faced the broadest expansion of SEC regulation since Dodd-Frank, while European managers worked through the details of ESG reporting. Enforcement continued to be laser-focused on digital assets (but courts didn’t always agree with them), Finfluencers, custody and marketing, while new employment and privacy requirements raised unique issues for asset managers.

In this series of short podcasts, Baker McKenzie ESG Debt & Equity experts discuss key tips and things you should you when considering raising sustainable finance, including the ever-evolving legal and regulatory requirements across regions.

Sustainable Finance as a trend and financing option has grown exponentially and shows no signs of slowing down. In this series of short podcasts, our ESG Debt & Equity experts discuss key tips and things you should you when considering raising sustainable finance, including the ever-evolving legal and regulatory requirements…

Sustainable Finance as a trend and financing option has grown exponentially and shows no signs of slowing down. In this series of short podcasts, our ESG Debt & Equity experts discuss key tips and things you should you when considering raising sustainable finance, including the ever-evolving legal and regulatory requirements…

Share Sustainable Finance as a trend and financing option has grown exponentially and shows no signs of slowing down. In this series of short podcasts, our ESG Debt & Equity experts discuss key tips and things you should you when considering raising sustainable finance, including the ever-evolving legal and regulatory…

United Kingdom: COVID Corporate Financing Facility, Coronavirus Large Business Interruption Loan Scheme, Coronavirus Business Interruption Loan Scheme, the Future Fund: will they help your business? Overview In an attempt to provide support to as many businesses as possible as they battle the effects of the COVID-19 pandemic, and to deploy…