Clients that engage in derivative and commodities transactions must navigate complex regulatory challenges and incorporate innovative technology solutions to achieve their business goals. Their success depends on legal advisors who guide them at the industry forefront.

Perkins Coie Commodities, Derivatives & Structured Instruments Industry Group advises clients on the full range of legal issues that arise in connection with commodity and derivatives regulation, trading, and finance. These legal issues include transactional, regulatory, compliance, litigation, and enforcement matters relating to derivatives, as well as digital assets, cryptocurrencies, energy, metals, agricultural, and environmental commodities.

We assist that use derivatives across all asset classes and platforms—equity, debt, credit, commodity, interest rate, currency, and cryptocurrency - to hedge their exposures to a variety of commercial risks. 

Our team has particular depth at the intersection of finance and technology. We regularly advise clients on the development of innovative products, trading and finance arrangements, margin loans, risk management strategies, structuring and implementing trading and clearing platforms, structuring platforms that sell or utilize cryptocurrencies, tokens and other digital assets, and procuring any necessary regulatory approvals and relief. Clients rely on us to help navigate the sometimes complex and overlapping regulations that can affect commodity trading, investing, margin, clearing, and related product offerings.

Representative matters include:

• Regulatory, compliance, and transactional advice regarding commodities and derivatives, including with respect to registration considerations, policies and procedures, compliance manuals and training, trading, hedging, documentation, clearing, and margin offerings
• The development of new finance-related technologies and platforms, fintech offerings, electronic trading systems, crowdfunding portals, exchanges, and clearing houses
• The implications of federal and state commodities, money services business, lending, and securities laws upon new products and services
• Internal investigations of commodities and derivatives businesses
• Evaluating the applicability of, and obtaining any necessary licenses, exemption filings, and/or no-action relief for derivatives trading exchanges, clearinghouses, spot commodity exchanges, money services businesses, brokers, swap dealers, commodity pool operators, and/or commodity trading advisors
• Policy, legislative, and regulatory comment letters, advocacy, and advice relating to legal issues affecting commodities and derivatives markets
• Negotiation of commercial agreements and financial transaction documentation, including International Swaps and Derivatives Association (ISDA) master agreements, swap execution facility participation agreements, cleared derivatives execution agreements, futures customer account agreements, bespoke master trading agreements, listed options agreements, and intellectual property agreements
• Self-regulatory organization and agency inquiries, and enforcement matters, including by the U.S. Department of Justice (DOJ), the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), the Chicago Mercantile Exchange (CME), the U.S. Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA)
• Liaising with commissions and self-regulatory organizations regarding individual business and industry interests as well as educational efforts