On October 9, 2026, the Commodity Futures Trading Commission (“CFTC”) took two coordinated actions addressing the scope of its jurisdiction over event contracts. First, it issued an interim final rule (the “Interim Final Rule”) codifying its longstanding position that gambling products, including wagers placed on sportsbook and casino games, are excluded from the “swap” definition.
Christopher Nickas
CFTC Issues Staff Advisory Flagging Manipulation Concerns in “Mention Markets”
On September 22, 2026, the Commodity Futures Trading Commission (“CFTC”), through its Division of Market Oversight (“DMO”), issued a staff advisory (the “Staff Advisory”) addressing the listing and trading of event contracts that settle based on whether an individual will say or “mention” certain words, attend or appear at an event, or otherwise interact with…
Amendments to FINRA Rule 5110 and Rule 5123 Approved
On July 24, 2026, the Securities and Exchange Commission (the “SEC”) approved the Financial Industry Regulatory Authority, Inc.’s (“FINRA”) proposed amendments to FINRA Rules 5110 and 5123, which were filed with the SEC in January 2026 as part of FINRA’s Forward initiative to modernize the capital formation process.
As discussed in our prior post from…
Small Business Capital Formation Advisory Committee Re-Engages Focus on IPOs
On July 8, 2026, the Securities and Exchange Commission (the “SEC”) announced that its Small Business Capital Formation Advisory Committee (the “SBCFA”) will hold a public meeting on July 21, 2026 to explore ways to modernize public market access and encourage IPOs and small public company capital formation.
As discussed in our prior post from…
SEC Investor Advisory Committee Issues Draft Recommendation Opposing Shift to Optional Semi-Annual Reporting; Upcoming Committee Meeting
On May 20, 2026, the Investor Advisory Committee (“IAC”) of the Securities and Exchange Commission (the “Commission”) released a draft recommendation (the “Recommendation”) addressing the Commission’s proposed rule that would replace quarterly periodic reporting required under Sections 13 and 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) with an option…
Petition Requests Amendments to “Qualified Purchaser” and “Qualified Institutional Buyer” Definitions
On May 1, 2026, the Private Investor Coalition, Inc. (“PIC”) submitted a rulemaking petition to the Securities and Exchange Commission (the “SEC”) requesting amendments to the definitions of “qualified purchaser” (as defined in Section 2(a)(51) of the Investment Company Act of 1940 (the “Investment Company Act”)) and “qualified institutional buyer” (“QIB”) (as defined in Rule…
FINRA Investor Education Foundation Examines Effects of Social Media “Finfluencers”
On April 2, 2026, the Financial Industry Regulatory Authority (“FINRA”) Investor Education Foundation (the “Foundation”) published a brief (the “Brief”) examining the demographic characteristics, investment knowledge and fraud vulnerabilities of retail investors who reported using social media to inform their investing decisions or making investing decisions based on the recommendation of social media personalities dispensing…
CFTC and Major League Baseball Cooperate on Prediction Markets Oversight
Earlier this month, the Commodity Futures Trading Commission (“CFTC”) and Major League Baseball (“MLB”) entered into a Memorandum of Understanding (“MOU”) establishing a formal framework for cooperation, information sharing, and coordination on matters affecting the integrity of the prediction markets related to professional baseball. The MOU does not create any legally binding obligations or enforceable…
SEC Announces 45th Annual Small Business Forum
The Securities and Exchange Commission (the “SEC”) announced it will host its 45th Annual Small Business Forum (the “Forum”) on March 9, 2026 from 1:00 p.m. to 5:00 p.m. ET at the SEC’s headquarters in Washington, D.C.
The Forum, organized by the SEC’s Office of the Advocate for Small Business Capital Formation, brings together members…
SEC, CFTC to Hold Joint Event on Harmonization Between Agencies on Crypto Efforts
The Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) will hold a joint public event on Thursday, January 29, 2026 (rescheduled from Tuesday, January 27), at the CFTC Headquarters in Washington, D.C., to discuss harmonization of the regulatory approach taken by the agencies and U.S. leadership in the crypto era. The…

