Futures and Derivatives SECURITIES

WilmerHale’s futures and derivatives practice focuses on advising firm clients on rulemaking, compliance and enforcement regarding futures and derivatives, including advising clients with respect to the recent regulatory reform mandates which provide for extensive new regulations of the swaps and over-the-counter derivatives markets.

Our practice provides advice on all facets of US commodity futures and securities regulatory issues, including the regulation of futures exchanges and clearinghouses, commodity pools and commodity trading advisors, and futures commission merchants. We also advise our clients with respect to the clearing and trading of over-the-counter derivatives, including advising investment banks on the margin of capital effects of different types of derivatives, and market end-users with respect to issues they face in the markets.

Our team handles complex matters involving the overlapping jurisdiction of securities and futures regulations, as well as compliance issues facing financial market participants. Partnering with our enforcement and litigation colleagues, we are well positioned to handle a wide variety of enforcement matters and practice actively before the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC). We also work with clients to facilitate cross-border transactions and assist clients in complying with, or gaining exemption from, US commodity futures and securities requirements.

WilmerHale represents many of the largest domestic and international banks, broker-dealers, private equity, hedge funds and end users in a wide variety of legal, compliance and regulatory matters involving derivatives. The futures and derivatives practice focuses primarily on the regulatory needs of financial market participants and their dealings with the CFTC, National Futures Association, SEC, Financial Industry Regulatory Authority and other regulators. We have advised on many areas relating to derivatives and other complex products, including information barriers/conflicts of interest, sales practice, trading issues, margin, and net capital requirements.

In addition, we represent a wide variety of clients, including banks, hedge funds, mutual funds, insurance companies and corporations in the structuring, negotiation and documentation of a broad range of equity, fixed income, currency, commodity and credit derivatives. This practice includes the negotiation of International Swaps and Derivatives Association master agreements, trade confirmations and custody and account control arrangements to protect end-user assets in the event of a dealer insolvency. We represent hedge funds in the negotiation of the full range of trading agreements, including prime brokerage, term financing, securities lending and repurchase agreements. We also assist clients with respect to brokerage arrangements, compliance programs, disclosure requirements and fund management.

WilmerHale’s futures and derivatives practice focuses on advising firm clients on rulemaking, compliance and enforcement regarding futures and derivatives, including advising clients with respect to the recent regulatory reform mandates which provide for extensive new regulations of the swaps and over-the-counter derivatives markets.

Our practice provides advice on all facets of US commodity futures and securities regulatory issues, including the regulation of futures exchanges and clearinghouses, commodity pools and commodity trading advisors, and futures commission merchants. We also advise our clients with respect to the clearing and trading of over-the-counter derivatives, including advising investment banks on the margin of capital effects of different types of derivatives, and market end-users with respect to issues they face in the markets.

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Publications & News

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January 30, 2013

CFTC Staff Provides Broad Relief for Market Participants as Swap Effective Date Arrives

An article by Paul Architzel, Gail Bernstein and Alexander Jadin, published in the January 2013 edition of The Investment Lawyer, Vol. 20, No. 1.

January 9, 2013

The New Swaps Regime: A Primer for Nonfinancial Companies

January 1, 2013

CFTC Staff Provides Broad Relief for Market Participants as Swap Effective Date Arrives

An article by Paul Architzel, Gail Bernstein and Alexander Jadin, published in the January 1, 2013 edition of The Investment Lawyer.

November 5, 2012

CFTC Staff Provides Broad Relief for Market Participants as Swap Effective Date Arrives

The final joint swap definition rules and interpretations issued by the Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission became effective on October 12, 2012, triggering a series of requirements related, among other things, to swap dealer registration, determination of who is a major swap participant, swap data reporting and recordkeeping, status of eligible contract participants, and registration as a commodity pool operator, commodity trading advisor, introducing broker, floor broker, or floor trader.

October 18, 2012

CFTC Heightened Enforcement Activity

On October 5, 2012, the Commodity Futures Trading Commission (Commission or CFTC) announced fiscal year 2012 enforcement statistics and case highlights, and identified for practitioners and market participants the Division of Enforcement’s (Division) likely 2013 priorities.1 In addition to fraud-based actions, the announcement brought attention to cases involving allegations of manipulation, false reporting, wash trades, exceeding position limits, and deficient customer fund safeguards and supervision obligations.

September 1, 2012

The U.S. Commodity Futures Trading Commission’s Proposed Guidance On The Cross-Border Application Of Certain Swaps Provisions

An article by Paul M. Architzel, Gail C. Bernstein, Zachary J. King and Petal P. Walker, published in Bloomberg BNA's World Securities Law Report, Vol. 18, No. 9.

August 14, 2012

Regulators Issue Final Rules and Interpretations Further Defining Swap-Related Terms

After much anticipation, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) (together, the Commissions) on July 10 adopted joint final rules and interpretations further defining the terms “swap,” “security-based swap,” “security-based swap agreement” (SBSA), and “mixed swap” pursuant to Title VII of the Dodd-Frank Act (DFA).

June 7, 2012

Chambers USA 2012 Final Results Announced

May 15, 2012

CFTC Proposes Order Further Extending Implementation of Certain Provisions of the Swap Regulatory Regime

May 4, 2012

The SEC and CFTC Issue Joint Rules Further Defining Swap Dealers and Major Swap Participants