David McIndoe advises clients on derivatives, commodities, structured products and related capital markets transactions. His experience addresses all aspects of these bilateral and structured transactions, including regulatory, compliance, dispute and litigation matters on behalf of energy firms, investment banks, private equity and hedge funds, commercial end-users, pension funds, credit unions, asset managers and pooled investment funds.
David is playing a significant role in the energy and finance industries' response to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank), representing energy companies, hedge funds and end users in rulemaking proceedings before the Commodity Futures Trading Commission (CFTC) and other agencies and advising on compliance, enforcement and transactional matters impacted by Title VII of Dodd-Frank.
He has advised clients on a wide range of structured investment products and commodity transactions, and he has established trading relationships under master agreements (e.g., ISDA, EEI, NAESB, IFEMA, etc.) and bespoke arrangements.
Representative Experience
David's recent representative experience includes:
· Representing energy companies before the CFTC and other agencies in derivatives regulatory rulemaking proceedings promulgated by Title VII of Dodd-Frank.
· Representing dealers, end users and special purpose vehicles (SPVs) in numerous hedging and credit transactions, including commodity, credit, equity, foreign exchange and interest rate trades.
· Advising clients on energy commodity transactions, including wind and revenue hedges, heat rate options and full requirement transactions.
· Representing corporate issuers in accelerated share repurchases and synthetic puts.
· Structuring investment products, including index and credit linked notes, and synthetic, hybrid and bespoke collateralized debt obligations (CDOs).
· Representing clients in innovative credit-sleeve transactions for energy commodities.
· Negotiating multiple-party netting agreements, repurchase agreements, third-party custodian arrangements, tracking accounts, security forward agreements, and securities lending arrangements utilizing unique collateral arrangements.
· Advising clients regarding registration requirements for commodity pool operators and commodity trading advisers.
· Resolving close-out disputes and trades with insolvent counterparties.
Professional and Community Involvement
· Member, Managed Funds Association
· Member, Futures Industry Association
· Member, American Bar Association
· Member, Energy Bar Association
· Member, ISDA North American Committee on Equity Derivatives
News
Sutherland Energy Trading Practice Continues Growth; Adds Partner Steven H. Scheinman in New York
February 28, 2012
Sutherland DC Adds Energy Expertise
January 25, 2012
Sutherland Adds Energy, Derivatives Partners From Hunton
January 24, 2012
Sutherland Adds Two Energy/Derivatives Partners in Washington, D.C. Bringing Together Leading Advisors in Post-Dodd-Frank Commodities and Derivatives Regulation
January 23, 2012
Legal Alerts
Legal Alert: CFTC and SEC Define "Swap Dealer" and "Major Swap Participant"
April 19, 2012
Legal Alert: CFTC Finalizes Dodd-Frank Rulemaking on Customer Clearing Documentation, Timing for Acceptance of Clearing, and Clearing Member Risk Management
April 2, 2012
Legal Alert: Regulatory Watch List for 2012: The Shifting Landscape for Hedge Funds and Other Private Funds
February 8, 2012
Events
Sutherland Private Fund Advisers Team Quick Call
April 17, 2012