+ Perpetual futures may soon get CFTC clarity.
 

The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

By Caitlin Tremblay

Good morning. Crypto exchanges gear up to launch perpetual futures in the U.S. ahead of a CFTC rule change. Plus, the U.S. Supreme Court is expected to issue opinions this morning before hearing an oral argument; the 9th Circuit will test the Trump administration’s immigration arrest tactics; and the 11th Circuit will take up a case over a Florida book ban. Life on Mars? In an experiment never before tried beyond Earth, NASA's Curiosity rover has identified more organic compounds on the red planet. Wednesday is still lightyears from Friday. Let’s dive in.

What are perpetual crypto futures and why do they matter now?

 

REUTERS/Andrew Kelly

Perpetual crypto futures, or “perps,” are derivatives contracts that let traders bet on crypto prices without an expiration date. Unlike traditional futures, positions can be held indefinitely and are often traded with high leverage, which can amplify gains — and losses.

Until now, perps have largely operated offshore, sitting in a U.S. regulatory gray area. That may soon change. The CFTC has signaled it plans to clarify the products’ legal status, prompting major exchanges to position for U.S. approval.

Kraken plans to acquire Bitnomial, the only U.S. platform currently offering perps through self‑certification. Coinbase has launched long‑dated futures designed to resemble perps, while Robinhood and Gemini are exploring U.S. offerings.

Supporters say onshore perps would bring activity into regulated markets. Critics warn the products’ lack of expiration and heavy leverage pose heightened risks for retail investors, pushing regulators to weigh investor protection against market demand. Read more here.

 

Followup: The U.S. Supreme Court appeared to favor the FCC in its clash with wireless carriers. Here’s how those oral arguments went.

 

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Coming up today

  • SCOTUS: The U.S. Supreme Court is expected to issue rulings in pending, argued cases. The court will also hear oral arguments centering on the rights of lawful permanent U.S. residents accused of committing a crime.
  • Immigration: The 9th Circuit will test the Trump administration’s immigration arrest tactics. The court will hear an appeal of a lower court order that found U.S. Border Patrol violated a prior court order during a July 2025 immigration operation in Sacramento. Read that order here.
  • First Amendment: The 11th Circuit will take up a lawsuit by publishers and authors against the state of Florida that claims a state law which mandates the removal of books containing alleged sexual content violates First Amendment rights by enabling unconstitutional book bans in school libraries.
  • IP: Lawn care company Scotts will ask the 6th Circuit to revive a lawsuit that accused Procter & Gamble of violating its Miracle-Gro trademark rights. Scotts said that the packaging of P&G's Spruce weed killer is confusingly similar to the packaging of its Miracle-Gro lawn products. An Ohio federal court ruled that P&G's packaging was not likely to cause consumer confusion.
  • Immigration: A U.S. House panel will hold a hearing on federal immigration that includes U.S. citizens detained and injured during the Trump administration's crackdown. White House officials Stephen Miller and Tom Homan were also invited to appear as witnesses, but it remains unclear if they will attend.

Court calendars are subject to last-minute docket changes.

 

More top news

  • Texas can require Ten Commandments in classrooms, U.S. appeals court rules
  • U.S. criminally charges Southern Poverty Law Center, Blanche says 
  • Trump consumer finance watchdog ends key civil rights-era anti-discrimination protection
  • Prosecutor tells jury Harvey Weinstein used clout to prey on women, defense attacks rape accuser's credibility
  • NY State lawmakers revive bill to curb distressed sovereign debt lawsuits
 
 

Industry insight

  • Sullivan & Cromwell apologized to a federal judge for submitting a court filing with inaccurate citations and other errors generated by AI.
  • Two prominent appellate lawyers who were representing President Trump in his bid to overturn his New York criminal conviction are leaving Wall Street law firm Sullivan & Cromwell for rival firm Gibson Dunn, ‌their new firm said on Tuesday.
  • Students suing a group of major U.S. universities over financial aid have proposed appointing New York trial lawyer Steven Molo and his law firm as lead counsel, after a ‌federal judge in Chicago said he would not allow the class action to move forward with their original legal team.
 

"For us to conclude that a law of 160 years’ vintage, with this kind of empirical pedigree, has all along been both unnecessary and improper, would border on rationalist conceit."

—6th Circuit Judge Raymond Kethledge writing for the court in a decision upholding the constitutionality of a nearly 158-year-old federal ban on home distilling, 11 days after the 5th Circuit came to the opposite conclusion. Read the 6th Circuit opinion here.

 

In the courts

  • Voting rights: Voting rights activists accused the Trump administration in a lawsuit of laying the groundwork for voter purges that ‌could illegally remove eligible voters ahead of tightly contested U.S. midterm elections in November.
  • Gaming: New York AG Letitia James sued Coinbase and Gemini claiming their prediction markets violate state laws against illegal gambling.
  • Environment: Chief U.S. District Judge Denise Casper in Boston blocked the Trump administration from enforcing a series of permitting policies that wind and solar energy industry groups say have stymied the development of new energy generation projects. Read the preliminary injunction.
  • Opioids: U.S. District Judge Madeline Cox Arleo in Newark delayed the planned criminal sentencing of Purdue Pharma by one week, saying she wanted to allow more public participation before concluding a criminal case over the company's marketing of addictive opioid drugs.
  • DEI: Groups representing university faculty and minority business owners filed a lawsuit seeking to block President Trump's efforts to eliminate diversity, equity and inclusion initiatives by federal contractors. Read the complaint.
  • IP: AI startup Anthropic asked a California federal court for a win in a copyright lawsuit brought by music publishers Universal Music Group, Concord and ABKCO, arguing it made "fair use" of their song lyrics to train its AI-powered chatbot Claude.