Sullivan & Cromwell’s Commodities, Futures and Derivatives Group advises clients on the full range of legal issues that arise in connection with structuring, offering and trading commodities and derivatives. The Firm assists clients in connection with transactional, advisory, litigation and enforcement matters relating to these products.
The Firm advises on the development of new products, the structuring and implementation of complex transactions, and the obtaining of necessary regulatory approvals and relief. S&C marshals insights and ideas from across the Firm’s various disciplines to offer truly coordinated representation. Over the last several years, S&C has been on the cutting edge of advising clients in developing financial services-oriented products and services for the digital asset and blockchain industries. Our work in this space spans the full range of matters facing our clients, from regulatory and enforcement, to strategic M&A, to bankruptcy and restructuring, to documentation, netting and commercial law. Our clients range from startups seeking to innovate beyond the “traditional” financial industry, to the most highly-regulated financial institutions seeking to develop and implement new technology.
Clients also rely on S&C for responses to governmental inquiries and defense against governmental and private actions. Through a team of attorneys with deep regulatory, transactional and enforcement experience in the commodity and derivatives industry, including the former Director of Enforcement of the CFTC, the Commodities, Futures and Derivatives Group has extensive experience dealing with regulators in a wide range of investigations, inquiries and proceedings, as well as related litigation.
The Group handles matters such as:
- advice on the development of new technologies, financial indices, electronic trading systems, exchanges and clearing houses;
- regulatory, compliance and transactional advice regarding commodities, derivatives and digital assets;
- regulatory and transactional advice to hedge fund groups;
- investigations of commodities, derivatives and digital asset businesses, including both internal reviews and reviews led by numerous agencies and other authorities, including the DOJ, the CFTC, the NFA, the SEC, FINRA, FERC, the FTC, and any of a number of other domestic and foreign regulatory authorities and self-regulatory organizations;
- commercial litigation and arbitration involving claims under the Commodity Exchange Act or otherwise relating to transactions involving commodities, futures and derivatives; policy, legislative and regulatory comment, advocacy and advice relating to commodities, securities, banking and international law issues affecting commodities and derivatives;
- advice to banks, investment banks, hedge funds, private equity funds, and commodity producers, end-users and trading houses, on a wide-range of trading issues; and
- coordinating global advice regarding the status of trading, advisory and information systems under the laws of multiple jurisdictions.