Greenberg Traurig’s Futures & Derivatives Group counsels clients in a wide range of regulated activities and helps navigate the increasingly complex framework that governs their businesses. We advise swap dealers, futures commission merchants, forex firms, proprietary trading firms, private funds, registered funds, family offices, exchanges, and introducing brokers on formation, compliance, and regulatory matters. We provide counsel on related matters involving promotional materials, registration requirements, and exemptions.
We also negotiate all forms of cleared and over-the-counter derivatives (such as ISDA, EMTA and EEI) with global institutions and end-users. We regularly advise on regulatory issues impacting the alternative investment industry, including Dodd Frank, cross border regulations and the use of derivatives, repurchase transactions, and structured products as leverage and hedging vehicles. We advise regulated and non-regulated clients on non-routine compliance matters, structuring issues, and regulatory considerations regarding trading activities conducted both from within and from outside the United States. We interface with regulators and address unique issues, from seeking no-action relief or interpretive guidance, to responding efficiently and effectively on behalf of clients regarding CFTC, NFA, SEC, FINRA, FCA or exchange requests.
Our deep understanding of the derivatives industry enables us to assist clients in their day-to-day operations, and to address the complexities that they face, from “routine” audits to complex registration, trading, and employment matters. We represent clients in leading edge and emerging areas of the law such as application of distributed ledger technology, cryptocurrencies, and digital tokens in the futures and derivatives markets.
We also represent clients in a variety of adversarial proceedings – whether in litigation or arbitration brought by customers, competitors, or former employees, or in registration and enforcement actions brought by CFTC, NFA, and exchanges that oversee the futures and derivatives industry. Our clients call upon the industry group’s experienced litigators to provide zealous and efficient representation in defense of these matters.
Our team provides:
- Formation, Offerings, and Transactional Advice
- Compliance and Regulatory Guidance
- Litigation and Arbitration Counsel
- Tax Planning Advice