- Energy, Environmental & Commodities
- Energy & Commodities Derivatives
- Derivatives & Structured Products
- 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
Members, 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
ISDA Section 2(a)(iii) Amendment Limits Prerogatives of Non-Defaulting Parties
James M. Cain,Daphne G. Frydman,David T. McIndoe,Mark D. Sherrill,R. Michael Sweeney, July 24, 2014
On June 19, the International Swaps and Derivatives Association (ISDA) published a long-awaited standard amendment to Section 2(a)(iii) of the ISDA Master Agreement (the Master Agreement). Section 2(a)(iii) of the Master Agreement (Section 2(a)(iii)) is a condition precedent that suspends a...
CFTC Division of Market Oversight Releases Questions for June 19 Roundtable on Position Limits
James M. Cain,Daphne G. Frydman,Catherine M. Krupka,David T. McIndoe,R. Michael Sweeney, June 23, 2014
The Commodity Futures Trading Commission (CFTC) will host a public roundtable on June 19, 2014, to discuss questions related to a proposed rulemaking to establish speculative position limits for 28 exempt and agricultural commodity futures and option contracts and their economically equivalent...
NFA Issues Revised Forms CPO-PQR and CTA-PR
James M. Cain,Warren N. Davis,Daphne G. Frydman,David T. McIndoe,R. Michael Sweeney, June 17, 2014
On June 5, the National Futures Association (NFA) announced the issuance of revised Forms CPO-PQR and CTA-PR. The NFA is the self-regulatory organization to which the Commodity Futures Trading Commission (CFTC) has delegated the registration of, and certain oversight functions with respect to,...
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