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Jerry W. Markham is a professor at the Florida International University College of Law, [1] and a legal scholar on business organizations and securities regulation in the United States.
Markham received a B.S. from Western Kentucky University, [1] and attended law school at the University of Kentucky College of Law, [1] where he served as editor-in-chief of the Kentucky Law Journal , and was named to the Order of the Coif. [1] He later received an LL.M. from the Georgetown University Law Center. [1]
Before entering academia, Markham was secretary and counsel, Chicago Board Options Exchange, Inc.; [1] chief counsel, Division of Enforcement, United States Commodity Futures Trading Commission; [1] an attorney for the Securities and Exchange Commission, [1] and a partner with the international firm of Rogers & Wells (now Clifford Chance) in Washington, D.C. [1]
Markham has written and taught in the areas of corporate finance, banking, commodities trading, securities and international trade law. [1] He is currently a professor of law at the Florida International University College of Law. [1] Markham was previously a member of the law faculty at the University of North Carolina, where he taught for twelve years, [1] and prior to that was an adjunct professor at the Georgetown University Law Center for ten years. [1]
Markham authored a three-volume financial history of the United States in 2002. He has co-authored four casebooks on corporate law and banking regulation, has published a two-volume treatise and a history book on the law of commodity futures regulation, [1] and was the principal coauthor of a two-volume treatise on securities regulation. [1] More recently, he authored a book on the Enron and other financial scandals that followed the market downturn in 2000.
A stock exchange, securities exchange, or bourse is an exchange where stockbrokers and traders can buy and sell securities, such as shares of stock, bonds and other financial instruments. Stock exchanges may also provide facilities for the issue and redemption of such securities and instruments and capital events including the payment of income and dividends. Securities traded on a stock exchange include stock issued by listed companies, unit trusts, derivatives, pooled investment products and bonds. Stock exchanges often function as "continuous auction" markets with buyers and sellers consummating transactions via open outcry at a central location such as the floor of the exchange or by using an electronic trading platform.
A commodity market is a market that trades in the primary economic sector rather than manufactured products, such as cocoa, fruit and sugar. Hard commodities are mined, such as gold and oil. Other forms of commodities include cryptocurrencies. Futures contracts are the oldest way of investing in commodities. Commodity markets can include physical trading and derivatives trading using spot prices, forwards, futures, and options on futures. Farmers have used a simple form of derivative trading in the commodity market for centuries for price risk management.
Financial regulation is a form of regulation or supervision, which subjects financial institutions to certain requirements, restrictions and guidelines, aiming to maintain the stability and integrity of the financial system. This may be handled by either a government or non-government organization. Financial regulation has also influenced the structure of banking sectors by increasing the variety of financial products available. Financial regulation forms one of three legal categories which constitutes the content of financial law, the other two being market practices and case law.
The Commodity Futures Modernization Act of 2000 (CFMA) is United States federal legislation that ensured financial products known as over-the-counter (OTC) derivatives remained unregulated. It was signed into law on December 21, 2000 by President Bill Clinton. It clarified the law so most OTC derivative transactions between "sophisticated parties" would not be regulated as "futures" under the Commodity Exchange Act of 1936 (CEA) or as "securities" under the federal securities laws. Instead, the major dealers of those products would continue to have their dealings in OTC derivatives supervised by their federal regulators under general "safety and soundness" standards. The Commodity Futures Trading Commission's (CFTC) desire to have "functional regulation" of the market was also rejected. Instead, the CFTC would continue to do "entity-based supervision of OTC derivatives dealers". The CFMA's treatment of OTC derivatives such as credit default swaps has become controversial, as those derivatives played a major role in the financial crisis of 2008 and the subsequent 2008–2012 global recession.
The Securities Exchange Act of 1934 is a law governing the secondary trading of securities in the United States of America. A landmark of wide-ranging legislation, the Act of '34 and related statutes form the basis of regulation of the financial markets and their participants in the United States. The 1934 Act also established the Securities and Exchange Commission (SEC), the agency primarily responsible for enforcement of United States federal securities law.
Respondeat superior is a doctrine that a party is responsible for acts of their agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions.
Wendy Lee Gramm is an American economist and former head of the Commodity Futures Trading Commission for the Reagan administration. She is also the wife of former United States Senator Phil Gramm. Gramm has gained notoriety for her role in the Enron scandal.
Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information. The setups are generally made to result in monetary gain for the deceivers, and generally result in unfair monetary losses for the investors. They are generally violating securities laws.
The Grain Futures Act is a United States federal law enacted September 21, 1922 involving the regulation of trading in certain commodity futures, and causing the establishment of the Grain Futures Administration, a predecessor organization to the Commodity Futures Trading Commission.
The "Enron loophole" exempts most over-the-counter energy trades and trading on electronic energy commodity markets from government regulation.
An exchange, bourse, trading exchange or trading venue is an organized market where (especially) tradable securities, commodities, foreign exchange, futures, and options contracts are bought and sold.
Robert Nolan Davis is a senior judge of the United States Court of Appeals for Veterans Claims.
Frank Partnoy is a Professor of Law at the University of California Berkeley School of Law. He was a George E. Barrett Professor of Law and Finance and the founding director of the Center on Corporate and Securities Law at the University of San Diego, where he taught for 21 years. He is a scholar of the complexities of modern finance and financial market regulation. He worked as a derivatives structurer at Morgan Stanley and CS First Boston during the mid-1990s and wrote F.I.A.S.C.O.: Blood in the Water on Wall Street, a book about his experiences there.
A Commodity pool operator (CPO) is an individual or organization that solicits or receives funds to use in the operation of a commodity pool, syndicate, investment trust, or other similar fund, specifically for trading in commodity interests. Such interests include commodity futures, swaps, options and/or leverage transactions. A commodity pool may refer to funds that trade in commodities and can include hedge funds. A CPO may make trading decisions for a fund or the fund can be managed by one or more independent commodity trading advisors. The definition of CPO may apply to investment advisors for hedge funds and private funds including mutual funds and exchange-traded funds in certain cases. CPOs are generally regulated by the United States federal government through the Commodity Futures Trading Commission and National Futures Association.
A commodity trading advisor (CTA) is US financial regulatory term for an individual or organization who is retained by a fund or individual client to provide advice and services related to trading in futures contracts, commodity options and/or swaps. They are responsible for the trading within managed futures accounts. The definition of CTA may also apply to investment advisors for hedge funds and private funds including mutual funds and exchange-traded funds in certain cases. CTAs are generally regulated by the United States federal government through registration with the Commodity Futures Trading Commission (CFTC) and membership of the National Futures Association (NFA).
David Munro Anderson is a Scottish businessman with a distinguished career in the City of London. He was closely involved in the development of the futures contract trading industry in London. Anderson was chairman of the formation committee for the International Petroleum Exchange, joint chairman of the formation committee for the Baltic International Freight Futures Exchange and former vice-chairman of the London Commodity Exchange. As a director of the Securities and Investments Board (SIB) he played a key role in implementing the Financial Services Act 1986 in the United Kingdom.
Securities market participants in the United States include corporations and governments issuing securities, persons and corporations buying and selling a security, the broker-dealers and exchanges which facilitate such trading, banks which safe keep assets, and regulators who monitor the markets' activities. Investors buy and sell through broker-dealers and have their assets retained by either their executing broker-dealer, a custodian bank or a prime broker. These transactions take place in the environment of equity and equity options exchanges, regulated by the U.S. Securities and Exchange Commission (SEC), or derivative exchanges, regulated by the Commodity Futures Trading Commission (CFTC). For transactions involving stocks and bonds, transfer agents assure that the ownership in each transaction is properly assigned to and held on behalf of each investor.
Goldstein, Samuelson, Inc. was a Los Angeles based commodities options brokerage firm. It was placed in receivership in 1973 after it was discovered that the firm was a Ponzi scheme.
Thomas A. Russo is an American attorney and former Wall Street executive. He served as vice chairman and chief legal officer of Lehman Brothers Holdings Inc. and as general counsel for American International Group (AIG), two of the companies central to the 2008-2009 global financial crisis.