Our team provides incisive guidance on all facets of futures and derivatives transactions, regulatory compliance and enforcement.

WilmerHale has defended clients in hundreds of class, derivative, shareholder and individual actions alleging securities fraud, breach of fiduciary duty and other corporate misconduct.

A global team handling highly complex and sensitive matters in all aspects of litigation.

Our Futures and Derivatives Practice focuses on the legal, compliance, transactional and regulatory needs of financial market participants and their dealings with the CFTC, the National Futures Association (NFA), the US Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and other agencies and self-regulatory organizations (SROs).

Our many regulatory alumni offer deep and comprehensive insight into the constellation of regulations and SRO rules affecting financial market participants. We have a long and successful record representing many of the largest domestic and international banks, broker-dealers, private equity firms, hedge funds and end users in a wide variety of legal, compliance, transactional and regulatory matters involving derivatives and other complex products.

Our experience includes:

• Advising domestic and foreign exchanges and clearinghouses on registration, operational compliance and cross-border access issues.
• Working with trading platform developers on structuring and regulatory compliance issues.
• Working with swap dealers, futures commission merchants and introducing brokers on registration, disclosure and other compliance matters.
• Advising commodity pool operators, commodity trading advisors and hedge funds on registration, disclosure and reporting.
• Advising end users on regulatory reporting, speculative position limits and trading issues.
• Advising on information barriers/conflicts of interest, sales practices, trading issues, and margin and net capital requirements.
• Working with clients to facilitate cross-border transactions, and assisting them in complying with—or gaining exemption from—US commodity futures and securities requirements.
• Representing banks, hedge funds, mutual funds, pension plans and corporations in the structuring, negotiation and documentation of a broad range of equity, fixed income, currency, commodity and credit derivatives—including the negotiation of International Swaps and Derivatives Association master agreements, trade confirmations, give-up arrangements and clearing agreements
• Representing both buy-side and sell-side market participants in the negotiation and documentation of credit support annexes compliant with global variation margin and initial margin regulations, as well as custody and account control arrangements.
• Representing banks and corporate clients in equity derivatives transactions, including accelerated share repurchases, equity forward contracts and call spreads in connection with convertible debt issuances.

For more information, please contact Matthew Kulkin, Dino Wu and Jeannette Boot.

We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.

Providing a strategic, multidisciplinary approach to help clients develop and use AI and to navigate the landscape of Big Data.