Why the Question Over How to Regulate Perps Has Turned Into a Fight

Why the Question Over How to Regulate Perps Has Turned Into a Fight

September 4, 2026 · 32 min

About this episode

The episode discusses the CME's lawsuit over the classification of perpetual futures contracts and features insights from three lawyers on the implications for trading regulations in the US.

The CME is suing its own regulator over how perps get classified, and the ruling decides who in the US can trade them. Three lawyers make the case for futures over swaps. ======================================================== Thank you to our sponsor! ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Visit⁠⁠⁠⁠⁠⁠ 1inch.com⁠⁠⁠⁠⁠⁠ to swap tokenized securities, crypto and more. Simple. Secure. Self-custodial. Whatever asset you’re buying - swap it at⁠⁠⁠⁠⁠⁠ 1inch.com⁠⁠⁠⁠⁠⁠ ======================================================== The CME is suing its own regulator. At stake is a single word: is a perpetual futures contract a swap, locked to institutional trading desks, or a future, open to any retail trader in the US? Cathy Yoon, General Counsel at Temporal, Tiffany J. Smith, Partner at WilmerHale, and Jake Chervinsky, CEO of Hyperliquid Policy Center, join Laura Shin at the Real World Assets Summit to make the case for futures. The CME was invited onto the panel to argue its side, but Yoon called their last-minute decision to bow out as "cowardice." They dig into the CFTC's recent approval of true perpetual futures for Coinbase and Kalshi, the running jurisdictional…

Sponsors

1inch

More episodes of Unchained

Explore listener stats, chart rankings, contacts and more on the Unchained podcast page.