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Financial Services / Financial Services Enforcement & Litigation

Futures & Derivatives

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Our lawyers have handled disputes involving commodities, futures, and derivatives from within the highest levels of government, industry, and private practice.

Overview

We advise on civil litigation and enforcement actions of all kinds arising from commodities, futures, and derivatives—products that have become increasingly important drivers of the global financial marketplace. Our Futures & Derivatives group benefits from the experience of multiple former federal prosecutors and Commodity Futures Trading Commission enforcement attorneys, including a former chief trial attorney in the CFTC's Division of Enforcement and a former Department of Justice Criminal Division liaison to the CFTC and FERC. Our team members also understand the perspective of corporate legal departments as they address significant litigation and enforcement matters, having served in senior in-house roles such as senior enforcement counsel with the CME Group.

This experience gives us strategic insight as we anticipate and respond to the choices of government agencies and counterparties in both criminal and civil matters. We represent individuals as well as a wide range of domestic and international financial institutions such as commission merchants, swap dealers, swap execution facilities, commodity trading advisors, commodity pool operators, proprietary trading firms, derivatives clearing organizations, exchanges, brokerage firms, and banks. We have represented these clients and others in investigations, examinations, enforcement actions, and litigation initiated by the Department of Justice, Securities and Exchange Commission, CFTC, FERC, FINRA, the National Futures Association, exchanges, and other self-regulatory organizations.

Government Investigations and Enforcement

Rate manipulation

Represented a swaps dealer in a joint DOJ and CFTC investigation into alleged manipulation of the ISDAfix rates benchmark.

Fee reconciliations

Represented international bank in connection with CFTC investigation relating to client fee reconciliations.

Prearranged trading restrictions

Defended the futures commission merchant affiliate of a major US-based international bank in a CME/CBOT investigation of one of its associated person's repeated violation of prearranged trading restrictions in her trading of Treasury options.

Virtual currency

Defended an individual in a pending CFTC enforcement action in Boston federal court alleged to have fraudulently sold virtual currency in cash market transactions.

Third-party document request

Represented international bank in connection with document request relating to CFTC investigation of potential uneconomic transaction.

Senior broker

Represented a senior broker with a financial services firm in an ongoing CFTC investigation.

Senior energy trader

Represented a senior energy trader in an ongoing FERC investigation.

Foreign futures

Represented the futures commission merchant affiliate of a major British bank in a NYMEX examination which led to charges of systemic violation of the CFTC Part 30 requirements for safeguarding foreign futures customer funds.

Self-Regulatory Investigations

Options order handling

Represented an institutional broker-dealer in a FINRA investigation of options order handling.

Market maker hedging

Represented a market maker's use of options for hedging in an investigation by a self-regulatory organization.

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02.02.23
Presentations
Financial Services
Panelist, "Enforcement Developments: Part II," Derivatives and Futures Law Committee Winter Meeting 2023, Marriott Hilton Head Resort & Spa, Hilton Head Island, South Carolina
02.02.23
Presentations
Financial Services
Panelist, "Innovative New Products," Derivatives and Futures Law Committee Winter Meeting 2023, Marriott Hilton Head Resort & Spa, Hilton Head Island, South Carolina
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Our Team

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Davis, Elizabeth
Elizabeth Lan Davis
Partner
Washington, D.C.
202.220.1933
Dunderdale, Nellie
Nellie R. Dunderdale
Associate
Washington, D.C.
202.973.4267
Gannon, Stephen
Stephen T. Gannon
Partner
Richmond
804.762.5339
Alexandra Marinzel
Alexandra J. Marinzel
Of Counsel
Washington, D.C.
202.661.7033
McDonald, Michael
Michael P. McDonald
Associate
Washington, D.C.
202.220.1950
Park, Robertson
Robertson Park
Partner
Washington, D.C.
202.661.7022
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©1996-2025 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Not intended as legal advice. Prior results do not guarantee a similar outcome.