Capabilities

Derivatives and Commodities

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Participants in the commodities and derivatives markets face the most profound regulatory changes of their history as sweeping US legislation nears completion. They confront a regulatory structure for over-the-counter (OTC) derivatives trading, including requirements that most trading be moved onto exchanges or through clearinghouses with new and higher capital and margin requirements. Complying with the unprecedented new controls will present participants with complex legal and business challenges.

To meet those challenges, Arnold & Porter Kaye Scholer LLP offers a seasoned Commodities and Derivatives practice led by the former General Counsel of the United States Commodity Futures Trading Commission. The practice group has extensive experience representing various types of participants in the commodities and derivatives markets. We represent numerous financial entities including, banks, insurance companies, finance companies, exchanges, brokers, hedge funds, energy companies, and other major market participants. Our experience includes representing clients in regulatory, enforcement, and litigation matters involving futures, options, swaps, and other derivatives. We have also undertaken internal investigations relating to commodity trading activities.

Arnold & Porter Kaye Scholer's Commodities and Derivatives practice group has also been significantly involved in advising numerous financial entities and trade associations on Congress's newly proposed OTC derivatives legislation and has helped them understand the effects of the new legislation on their business.

Our lawyers also have substantial knowledge and experience with the Commodity Exchange Act, federal and state securities laws, federal energy laws, as well as federal banking laws. We also have significant experience dealing with enforcement and rule compliance in connection with exchanges such as the Chicago Mercantile Exchange and the Intercontinental Exchange.

Our lawyers have also represented companies with regard to allegations of market manipulation or other trading abuses. We have represented several major energy traders, large broker-dealers, and various hedge funds in connection with allegations of price manipulation in the energy, securities, and futures markets.

Perspectives

A Look At The New Qualified Financial Contracts Rule
Asset Management Law360, Banking Law360, Bankruptcy Law360, Capital Markets Law360, Public Policy Law360, Securities Law360
Federal Reserve Board and FDIC Restrict Immediate Exercise of Default Rights in Qualified Financial Contracts of GSIBs
Advisory
Arnold & Porter Discusses Proposed CFTC Rules for Cross-Border Swaps
The CLS Blue Sky Blog
CFTC Proposes New Registration and Conduct Rules for Cross-Border Swaps
Advisory
Overcoming Obstacles to Banking Virtual Currency Businesses (pdf)
Coin Center Report
More

Recognition

U.S. News & World Report and Best Lawyers
"Best Law Firms" for Derivatives and Futures Law (DC, National) (2014-2017)
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