Representative Matters

  • Advocated on behalf of the banking industry at the American Bankers Association and the ABA Securities Association (ABASA) and have extensive knowledge of the new regulatory framework for the swap and security-based swap (collectively, “swap”) markets mandated by the Dodd-Frank Act. Areas of particular focus:

    • Swap dealer definition, including exemption for swaps entered into in connection with originating loans;
    • Margin requirements for uncleared swaps, including exemption for non-financial end users and certain banks;
    • End-user clearing exception for non-financial end users and certain banks;
    • Swaps Pushout Rule related to swap dealers and certain major swap participants;
    • Eligible contract participant definition.
  • Commented on Commodity Futures Trading Commission (CFTC) proposed rule for Enhancing Protections for Customers and Customer Funds Held by Futures Commission Merchants and Derivatives Clearing Organizations.
  • Advised client designing new electronic futures trading system as outside counsel.
  • Inspected options exchanges as attorney and examiner at the U.S. Securities and Exchange Commission.

Experience advising on legal requirements and regulations promulgated pursuant to:

  • Securities Exchange Act of 1934;
  • Investment Advisers Act of 1940;
  • Investment Company Act of 1940;
  • Swaps provisions in banking laws;
  • Commodity Exchange Act;
  • Financial Industry Regulatory Authority (FINRA) Rules; and
  • Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), including Title VII on Regulation of Swap and Security-Based Swap Markets.