Kathleen S. McArthur

White-Collar and Regulatory Matters

• HDR Global Trading Limited and certain of its affiliates in resolving a CFTC investigation of alleged registration and KYC/AML violations at BitMEX, one of the world’s largest digital currency derivatives trading platforms. The CFTC resolution was announced in coordination with resolution of a parallel investigation by FinCEN; the coordinated resolutions represent the largest-ever settlement for registration violations in the digital assets space.
• JPMorgan in achieving resolutions with the DOJ, the CFTC and the SEC, resolving multi-year investigations into alleged “spoofing” by JPMorgan traders in the precious metals and U.S. treasuries markets, and manipulation of precious metals barrier options.
• Scotiabank in obtaining global coordinated resolutions with the DOJ and CFTC resolving investigations of spoofing involving precious metals futures contracts as well as alleged failures to provide pre-trade mid-market marks to swap counterparties and other swap dealer compliance issues.

• Tower Research in connection with coordinated DOJ and CFTC resolutions relating to spoofing activity by three former Tower traders. In November 2019, Tower entered into a Deferred Prosecution Agreement relating to the traders’ activity and simultaneously settled a parallel CFTC investigation of the same activity.
• Barclays in the investigation and resolution with the DOJ, CFTC, the U.K. FCA, and other regulators of matters relating to voice and electronic trading in the global FX Spot Market.
• Major energy firm in connection with inquiries by the CFTC and other regulators relating to trading in physical energy products and related financial instruments.
• Numerous companies in SEC and CFTC enforcement inquiries relating to digital assets.
• Numerous financial institutions in investigations by FINRA, the NFA and other self-regulatory organizations.

Civil Matters

• Barclays in multi-district litigation brought by major pension funds and institutional investors alleging banks violated antitrust laws by colluding to rig the $13 trillion market for Treasury securities.
• Major manufacturer of building materials in a multidistrict and class action litigation, in connection with an alleged product defect and consumer fraud.
• 18 of the world’s largest financial institutions in fraudulent conveyance and Article 78 actions against the New York State Insurance Department and the bond insurer MBIA Inc. and its subsidiaries challenging their $5 billion restructuring during the financial crisis.
• UBS in securities class action and shareholder derivative litigation arising out of the accounting fraud of former UBS investment banking client HealthSouth Corp.
• An investment bank in connection with fraudulent conveyance claims brought by liquidators of a Cayman hedge fund.
• Major automotive manufacturer in connection with breach of contract claims against one of its suppliers.

Recent Speaking Engagements

• Moderator for “Law & Compliance – Enforcement,” at Futures Industry Association Futures & Options Expo (November 15, 2022, Chicago, IL)
• Panelist for “Containing Wildfires: Cross-Border Class Actions and Multijurisdictional Litigation,” at the American Bar Association Business Law Section Annual Meeting (September 15, 2022, Washington, D.C.)
• Panelist for “FERC Enforcement and Regulatory Developments,” at Futures Industry Association FIA Forum: Commodities 2022 (June 22, 2022, Houston, TX)
• Panelist for “Cooperation and Self Reporting – Do You Have the Right to Remain Silent,” at Futures Industry Association Law & Compliance Conference (April 27-29, 2022, Washington, D.C.)
• Panelist for “Breaking News on Crypto and DeFi” at the American Bar Association Derivatives & Futures Law Committee Annual Winter Meeting (January 26-28, 2022)
• Panelist for “Increasing ROI through Diversity on Wall Street,” at Women on Wall Street Virtual Summit (October 6, 2021)
• Moderator for “Enforcement Trends,” at Futures Industry Association Law & Compliance (FIA L&C) Conference (April 28-30, 2021)
• Panelist for “U.S. Anti-Corruption Enforcement,” at the International Chamber of Commerce, Mexico Chapter (March 3, 2021)
• Panelist for “CCO Reports and Risk Management Programs,” at Futures Industry Association Law & Compliance (FIA L&C) Annual Conference (October 9, 2020) 
• Day Chair, American Bar Association Derivatives and Futures Law Committee Annual Winter Meeting (January 23-25, 2020, Naples, FL)
• Panelist for “Recent Trends in Foreign Corrupt Practices Enforcement in Commodity Markets,” FIA Law & Compliance Division webinar series (August 22, 2019)
• Panelist for “True Detective: Audits, Inquiries & Investigations,” at Futures Industry Association Law & Compliance Annual Conference (May 2019, Washington, D.C.) 
• Panelist for “Enforcement / Litigation Developments,” American Bar Association Derivatives and Futures Law Committee Winter Meeting (January 2019, Naples, FL)
• Panelist for “Spoofing Enforcement – Recent Developments,” Practising Law Institute (June 2018)