Derivatives and Commodities
Participants in the commodities and derivatives markets are required to navigate a complex and broad-ranging U.S. regulatory landscape. Market participants must manage regulatory obligations regarding over-the-counter (OTC) derivatives trading, including clearing, margin, capital, and reporting requirements, among others.
To meet those challenges, our firm offers a derivatives practice with extensive experience representing various types of market participants. We represent numerous financial entities, including U.S. and foreign banks, brokers and dealers, hedge funds, sovereigns, multilateral development banks, large corporates, and CFTC registrants such as commodity trading advisors and commodity pools. Our day-to-day work includes negotiating and drafting derivatives documentation, including the International Swaps and Derivatives Association (ISDA) master agreements and bespoke trade confirmations, navigating our clients through various ISDA protocols, counseling on collateral and clearing requirements and arrangements, and advising on ancillary documentation and regulatory controls.
Our experience includes representing clients in regulatory, enforcement, and litigation matters before, or counseling our clients on regulatory requirements administered by, the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Federal Reserve Board, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation. Our lawyers are experienced in developing and enhancing compliance programs and drafting and revising compliance and supervisory policies, procedures and manuals, and training programs.
Our lawyers also have substantial knowledge and experience with the Commodity Exchange Act and regulations implemented thereunder, NFA rules and procedures, federal and state securities laws, and federal and state banking laws. We also have experience dealing with enforcement and rule compliance in connection with exchanges such as the Intercontinental Exchange.
Our team draws on extensive government, enforcement, litigation, and in-house experience to provide pragmatic advice and solutions that protect companies and their executives from compliance risks. Our track record of successfully advising clients on regulatory matters provides an invaluable perspective in helping companies avoid these issues or put themselves in the best position to manage supervisory expectations, including routine oversight and investigations and enforcement actions. We regularly partner with general counsels, chief compliance officers, and business leaders to help them assess, improve, and operationalize their compliance programs and risk management. Our compliance advice has enabled clients to operate appropriately in the face of significant risks and uncertainties while withstanding scrutiny from agency officials.
Equally important to our experience is our approach. We appreciate the need to offer practical solutions that reflect an understanding of your business and how compliance risks fit into your objectives and challenges; to constantly seek to add value as a trusted advisor and partner; to be resourceful in achieving your business objectives within the law; to focus on material risks and activity while having the confidence to say what activity does not present a risk; and to provide you with advice, policies, processes, and other tools that are simple, risk-based, and effective. We know the importance of predictable and well-managed legal expenses, and also understand that a single piece of poorly calibrated advice can impose significant, unnecessary costs on your business.
Related Services
Recognition
-
Best Law Firms Ranked by Best LawyersDerivatives and Futures Law (National) (2014-2023)
Derivatives and Futures Law (Washington, D.C.) (2014-2023)
