New CFTC Rules Formalize Certain Whistleblower Protections

On May 22, 2017, the U.S. Commodity Futures Trading Commission amended and supplemented several CFTC regulations to strengthen anti-retaliation protections for whistleblowers under the Commodity Exchange Act. These amendments, in general, make the CFTC’s whistleblower protections consistent with those afforded by Securities and Exchange Commission rules and reinforce the need for private fund managers that are registered as commodity pool operators or commodity trading advisors to take affirmative steps to avoid violating federal regulations regarding whistleblowing. In this article, partner Holly Weiss and former Schulte lawyer Brian Daly discuss these amendments and how they will make the CFTC’s whistleblower protections consistent with those set forth by the SEC.