Rating Agency Developments - February 2019

The SEC and CFTC have issued coordinated regulatory relief measures that significantly advance crypto-based trading infrastructure in US markets, bypassing Congressional gridlock on the CLARITY Act. These orders establish new frameworks for tokenized securities venues and passive software providers, potentially reshaping how digital assets are traded and accessed in regulated markets.

Medicare Advantage faces unprecedented regulatory scrutiny as federal agencies deploy aggressive audit strategies, Congress investigates alleged fraud schemes, and courts challenge CMS's authority over payment structures.

Moore & Van Allen's Derivatives & Trading team provides comprehensive analysis of recent CFTC and SEC enforcement actions, proposed regulations on crypto assets...

Lowenstein Sandler achieves groundbreaking SEC no-action relief enabling zero cash balance brokerage accounts, while global regulators advance digital asset infrastructure and issue new guidance on AI supervision and prediction market contracts. How are these developments reshaping the intersection of traditional finance, emerging technology, and regulatory oversight?

The Health Resources and Services Administration has announced a revised 340B Rebate Model Pilot Program for drugs subject to Medicare's Maximum Fair Price, expanding eligibility to manufacturers with selected drugs for 2026 and 2027. The program introduces new data requirements, dispute resolution mechanisms, and stricter compliance monitoring while addressing stakeholder concerns about administrative burden and program integrity.

US institutional investors are governed by legal standards like those contained in the Employee Retirement and Income Security Act (ERISA) and similar laws that are relevant to their engagement with companies.

The CFTC continues its regulatory evolution with significant developments in June 2026, including the rescission of its longstanding no-deny settlement policy, proposed amendments to whistleblower protections, and joint harmonization efforts with the SEC on data reporting and portfolio margining. The agency also advances its oversight of prediction markets while CME Group challenges the CFTC's characterization of cryptocurrency perpetual futures contracts.

This comprehensive regulatory update examines recent CFTC enforcement actions, new margin rules for uncleared swaps, and the evolving landscape of perpetual futures contracts and prediction markets. The analysis covers critical developments including commodity pool fraud cases, exchange disciplinary actions, and emerging compliance challenges as 24/7 trading expands across traditional and digital asset markets.

A publicly traded fintech company has announced a $590 million acquisition of its longtime national bank partner, marking a strategic shift from the traditional bank-partnership model to direct ownership of a national bank charter. The transaction, expected to close in the first half of 2027 pending regulatory approvals, would make the fintech a bank holding company while consolidating its banking activities and eliminating certain sponsor-bank fees. This deal represents a faster alternative to pursuing a d

On May 29, 2026, the Commodity Futures Trading Commission (CFTC) took a series of coordinated actions to establish a domestic regulatory framework for perpetual contracts on digital commodities.