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Client Alert October 15, 2021

Traders Should Stop Running from Risk in CFTC Investigations

  • The U.S. Commodity Futures Trading Commission (CFTC) has quietly increased scrutiny of digital currency markets, focusing on spoofing.
  • Successful traders normally do not run from risk in their trading activities, yet they often do exactly that in the face of unfamiliar regulatory risks, leading to worse outcomes.
  • Targets of regulatory enforcement should therefore consider a range of aggressive measures before responding to inquiries from enforcement authorities.

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Client Alert December 8, 2020

India-Based Debtors Can Face Off Against Global Lenders

  • When a debt comes due, standing up to a global institutional lender can seem daunting for Indian debtors, especially if disputes scatter overseas.
  • Regardless of whether a lender feels generous or not, however, there are steps debtors can take to increase their leverage and fortify their defenses.
  • These include fighting for better terms, buying more time and holding lenders accountable.

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Client Alert November 17, 2020

The Dark Side of 1782: Defending Against Aggressive U.S. Discovery Actions

  • Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
  • However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
  • Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.

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Client Alert December 20, 2018

U.S. Enforcement Against the PRC: Preparing for the Next Wave

  • The U.S. government has made its intentions clear that it will investigate and prosecute PRC-based companies and individuals that it believes employ illegal tactics to compete with U.S. companies in key sectors.
  • Future U.S. actions could come from any number of directions.
  • Whatever action comes next, a cross-border perspective and willingness to represent PRC-side clients against the U.S. government will be essential to an effective response.

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For media inquiries, please contact:
Alex Stevens  |  Leader of Global Communications
email  |  +1 646 448 6283