Cadwalader, Wickersham & Taft LLP

  • Established in 1792
  • Firm Size 451
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Commodities & Futures Regulation

Cadwalader lawyers have extensive experience representing clients in all types of regulatory matters before the U.S. Commodity Futures Trading Commission (CFTC). With both lawyers and a non-lawyer professional advisor who have worked for the CFTC, Cadwalader advises financial institutions, hedge funds, energy companies, commodity trading companies, futures exchanges, futures commission merchants (FCMs), commodity pool operators (CPO), and commodity trading advisors (CTA).

Our advice extends to issues regarding the application and scope of Commodity Exchange Act (CEA) and CFTC regulations governing trade practices, registration requirements and exemptions, reporting and recordkeeping requirements. We represent companies in petitions for review of CFTC orders and rulemaking efforts before the federal circuit courts of appeal and counsel clients on challenges to agency proceedings, rules and decisions. The group's experience with and understanding of agency proceedings and rulemakings, along with its understanding of the implications of judicial review, position it as a leader in counseling clients on these important administrative matters.

Our lawyers also assist clients with the development of new legislation regarding regulatory powers, and provide compliance training and manuals that address CFTC-related issues. We regularly advise clients on:

  • Trade practices in OTC markets, electronic trading facilities, and designated contract market
  • Implementation of trading strategies to comply with CEA and CFTC regulations
  • Legislative and regulatory advocacy
  • CFTC enforcement of anti-manipulation and fraud
  • Financial reform initiatives
  • Submission of comments to proposed agency regulations
  • CFTC Form 40 filings
  • Hedge exemptions from CFTC and designated contract markets
  • Guidance on registration processes
  • Application of CFTC regulations to agricultural options and swaptions
  • Forward contracting programs
  • Performance of compliance audits
  • Appellate litigation and challenges to agency rules, orders, and proceedings

We also advise clients with respect to CFTC enforcement and government investigations. Our enforcement defense lawyers regularly represent commodity traders and companies in investigations and litigation involving physical, over-the-counter, and regulated futures trading. They are experienced in civil and criminal proceedings that involve allegations of fraud, manipulation, false reporting, and multiple other regulatory violations.

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Diversity

 

We believe that our continued strength lies in ensuring that we attract, retain, and nurture the very best talent from all backgrounds, and we expect the future complexion of Cadwalader, Wickersham & Taft LLP will, with each passing year, more closely reflect the global community that we serve. 

Cadwalader has worked diligently to promote an inclusive work environment and, over the years, has developed many initiatives to fit our unique goals and challenges on issues of diversity and inclusion.  With the creation of the Cadwalader Center for Diversity & Inclusion (CCDI), a central resource for the firm’s diversity programs, initiatives and policies, we aim to improve upon our successes and follow through on our promise to weave diversity and inclusion principles into the fabric of our culture. 

The mission of the CCDI is to enhance gender, racial/ethnic, and LGBT diversity and inclusion within the firm to create an unrivalled environment that attracts, retains and promotes the best and brightest talent available to serve our clients. Governed by the Global Diversity Committee, chaired by Patrick T. Quinn, Managing Partner, the CCDI is a vehicle to support the work we currently perform, to reinforce our dedication to that work, to recognize outstanding effort and to communicate - to each other and to the clients we serve - our longstanding commitment to diversity and inclusion.

Recent Programs & Events

The Cadwalader Center for Diversity and Inclusion hosts programs and events throughout the year that are designed to increase cultural competence, celebrate history and heritage and educate attorneys on how to work effectively on diverse teams.

From Megan’s Law to Bernie Madoff: A Conversation with Judge Chin

- July 23, 2015

The Cadwalader Asian Pacific American Attorney Resource Group hosted a conversation with the Honorable Denny Chin, United States Circuit Judge for the Second Circuit.  During the interactive conversation, Judge Chin discussed his experiences as a federal judge and his path to the bench. Attendees had the opportunity to network and speak with Judge Chin during the cocktail reception that followed.

The Fight for Marriage Equality in the Supreme Court

- June 9, 2015

The Cadwalader LGBT Network and the Gay & Lesbian Advocates & Defenders (GLAD) hosted a Pride Month event, The Fight for Marriage Equality in the Supreme Court, featuring Mary Bonauto, GLAD’s Civil Rights Project Director and Janson Wu, GLAD’s Executive Director. During the presentation Mary discussed her experience arguing before the U.S. Supreme Court for marriage equality and Janson discussed the future of the LGBT rights movement.

Justice Denied: Wards Cove Packing Co. v. Atonio

- May 12, 2015

Members of the Asian American Bar Association of New York, including Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit presented a case reenactment of Wards Cove Packing Co. v. Atonio, a landmark employment discrimination case. The presentation told the story of the Wards Cove workers through narration, reenactment of court proceedings, and historic photographs. To view the performance, click here.

The Partner Track

- May 5, 2015

The Cadwalader Asian Pacific American Attorney Resource Group and the Women’s Leadership Initiative co-hosted a panel discussion with Cadwalader Partners, Ingrid Bagby, Kathy Chin and Athena Eastwood, focusing on their career experiences and paths to partnership. The panel was moderated by Helen Wan, author of The Partner Track, a fictional story about a young Asian-American corporate associate up for partner at her New York law firm.

“From Selma to Ferguson to Today: Why Civil Rights Matter,” featuring Professor Charles Ogletree, Harvard Law School

- April 29, 2015

The Cadwalader Black and Latino Association hosted a conversation with Charles Ogletree, Harvard Law School Jesse Climenko Professor of Law, and Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice.  The conversation was followed by a cocktail reception where attorneys had the opportunity to network  and speak with Professor Ogletree.

The Art of Building Business Relationships and Executive Presence

- March 25, 2015

The Women’s Leadership Initiative and Diane Darling, Founder of the Darling Institute, hosted a workshop on building business relationships and executive presence.  This interactive presentation explored how professionals at all stages of their career can integrate networking and relationship-building into their everyday lives. 

WLI London Client Event: “Walking the Nile” by Levison Wood

– March 12, 2015

The Women’s Leadership Initiative hosted a special evening at our London office with Levison Wood, explorer, writer, and photographer. Formerly an officer in the British Parachute Regiment, Wood has led pioneering journeys into undiscovered regions, travelling to more than 80 countries. His nine-month walk along the length of the Nile, from source to sea, is chronicled in a recent Channel 4 documentary. During the presentation Wood described the amazing people, breathtaking places and shocking sights he encountered on his ground-breaking expedition.


 

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