ARTICLE
19 September 2019

Congressional Representative Introduces Bill To Increase Protection Of Proprietary Information Under The CEA

CW
Cadwalader, Wickersham & Taft LLP

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Representative Jahana Hayes (D-CT) introduced a bill to amend the CEA to increase the protection of proprietary information
United States Finance and Banking

Representative Jahana Hayes (D-CT) introduced a bill to amend the CEA to increase the protection of proprietary information (i.e., "sensitive, non-public information") submitted to the CFTC by CPOs and CTAs.

Commentary

Bob Zwirb

Representative Hayes' bill appears to grant CPOs and CTAs additional privacy protections under the CEA with respect to sensitive information they provide to the CFTC. How much more protection is not entirely clear. If adopted, the legislation could do away with the need for CPOs and CTAs to file for confidential treatment under CFTC Rule 145.9. If that is the intention, the legislation may require further tweaking to solidify the extent of protection afforded.

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