- Environmental & Commodities
- Energy & Commodities Derivatives
- Natural Resources
- Derivatives & Structured Products
- Government Enforcement & Investigations
- Trading & Transactions
- Private Investment Funds
- Private Equity
- Insurance Finance
|Contact Info||Telephone: 202.383.0920|
|University ||Dartmouth College, B.A.|
|Law School||Washington and Lee University School of Law, J.D.|
|Admitted||1998, Virginia; 2000, District of Columbia|
Member, Managed Funds Association
Member, Futures Industry Association
Member, Energy Bar Association
Member, ISDA North American Committee on Equity Derivatives
|Born||Boston, Massachusetts, February 12, 1972|
David combines transactional and regulatory practices to advise clients on derivatives, physical commodity trades, structured products and related capital market transactions. He represents commercial energy firms, commodity traders, commercial end users, pooled investment funds and pension funds.
David advises clients on a wide range of physical and financial trading transactions, with an emphasis on energy, metal and agricultural commodity transactions. As a structured transactions lawyer, David also represents clients in complex financing and supply transactions. He also counsels clients on a variety of transportation, storage and related services agreements. David assists clients in establishing trading relationships under master agreements (e.g., ISDA, EEI, NAESB, IFEMA, Scota, etc.) and bespoke arrangements and the execution of transactions thereunder. In addition, David represents clients in regulatory, compliance and enforcement matters related to such transactions.
Recently, David has advised clients in various physical commodities transactions, including exclusive supply agreements and storage/terminalling agreements. He also has been advising clients in acquiring physical commodity trading desks, particularly for crude oil, refined products and natural gas.
David plays a significant role in the energy, commodities and alternative investment industries' response to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). He represents firms before the Commodity Futures Trading Commission (CFTC), other federal and self-regulatory agencies, and derivatives exchanges. David also advises firms regarding derivatives reform under European law (e.g., EMIR, MiFID, REMIT, etc.).
Sutherland provides counsel regarding the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Sutherland acts as lead counsel in regulatory status determination under Dodd-Frank Consumer Protection Act.
Sutherland advises energy companies on Dodd-Frank and CFTC compliance issues.
Documents by this lawyer on Martindale.com
CFTC and NFA Afford Relief from Certain CTA Periodic Reporting Obligations
Brian Barrett,James M. Cain,Daphne G. Frydman,David T. McIndoe,Mark D. Sherrill, August 7, 2015
On July 21, the staff of the Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) published an exemptive letter that provides relief from periodic reporting on CFTC Form CTA-PR to commodity trading advisors (CTAs) that do not direct client...
ISDA Publishes EMIR Classification Letter
Brian Barrett,Daphne G. Frydman,Catherine M. Krupka,David T. McIndoe,Mark D. Sherrill, July 21, 2015
On July 13, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA EMIR Classification Letter (the Classification Letter), a form of letter that may be used by market participants managing their regulatory obligations under the European Market Infrastructure Regulation...
European Regulators Publish Second Consultation Paper on Margin for OTC Derivatives
Brian Barrett,James M. Cain,Daphne G. Frydman,Catherine M. Krupka,David T. McIndoe, July 7, 2015
On June 10, the European Supervisory Authorities (ESA) published a second consultation paper on draft Regulatory Technical Standards (RTS) to implement the European Market Infrastructure Regulation (EMIR) requirement that persons classified under EMIR as “financial counterparties” (FCs)...
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