Alexander S. Holtan

Alexander S. Holtan: Attorney with Eversheds Sutherland (US) LLP

Biography

Alex Holtan counsels energy clients on trading in derivatives, enforcement matters and compliance with derivatives-related regulatory requirements, including those imposed by the US Commodity Futures Trading Commission. He provides interpretation and guidance on rules promulgated by various federal agencies, the National Futures Association and a number of derivatives exchanges. In addition, Alex frequently assists clients with creating and improving derivatives trading compliance programs. He also advises energy firms, commercial end users, investment banks and pooled investment vehicles on an array of derivatives and other transactions.

Using his knowledge and experience with analogous derivatives regulatory matters in the United States, Alex advises on derivatives regulatory developments in Canada (federal and provincial), including issues related to reporting, margin, clearing and exemptions from dealer registration.

As a registered lobbyist, Alex lobbies Congress on topics that include derivatives regulation, bankruptcy and matters involving aspects of financial regulation. He also works with clients to develop advocacy strategies and provides guidance on the Lobbying Disclosure Act and the Foreign Agents Registration Act. In this respect, Alex provides counsel to clients and helps structure and implement compliance programs.

Before joining Eversheds Sutherland (US), Alex worked as an associate at another Washington, DC, law firm. His past experience also includes serving as a law clerk for the US Senate Banking, Housing and Urban Affairs Committee and as the Washington, DC, programs director for the Democratic Congressional Campaign Committee.

Awards and Rankings

Selected for inclusion in Washington, D.C., Super Lawyers “Rising Stars” (2014-2018)

Publications

“Dodd-Frank is a seminal shift in the regulation of derivatives. It will have significant impacts on the manner in which market participants trade for years to come.”

Legal Alerts

Legal Alert:NFA proposes proficiency requirements for Swap APs (March 18, 2019)
On March 5, 2019, the National Futures Association (NFA) submitted to the Commodity Futures Trading Commission (CFTC or Commission) proposed amendments to NFA Bylaw 301 and NFA Compliance Rule 2-24 ...

Legal Alert: Federal judge finds in favor of defendants Donald Wilson and DRW Investments, LLC in market manipulation case brought by the CFTC (December 5, 2018)
On November 30, 2018, nearly two years after the trial concluded, the US District Court for the Southern District of New York found in favor of Defendants Donald R. Wilson (Wilson) and his ...

Legal Alert: Southern District of Texas refuses to impose time limit on safe harbor termination rights (March 1, 2018)
On February 16, 2018, the US District Court for the Southern District of Texas issued an opinion that may prove important for non-defaulting parties to trading contracts. In an appeal arising out of ...

Legal Alert: The Deadline for Compliance With the U.S. Variation Margin Rules Is Approaching! Are You Ready? (December 20, 2016)
The requirement that non-cleared swaps be fully margined, which is one of the last pillars of Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), will take effect ...

Legal Alert: ISDA Publishes Variation Margin Protocol (August 23, 2016)
On August 16, 2016, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA 2016 Variation Margin Protocol (VM Protocol). The VM Protocol is intended as a tool to help ...

Legal Alert: White House Issues Guidance Advising Agencies to Assess Climate Change in NEPA Reviews (August 11, 2016)
On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in ...

Legal Alert: CFTC Intermediaries to Adopt and Implement Cybersecurity Programs by March 1, 2016 (February 29, 2016)
Commencing March 1, 2016, all commodity pool operators, commodity trading advisors, futures commission merchants, retail foreign exchange dealers, introducing brokers, major swap participants and ...

Legal Alert: CFTC and EU Regulators Agree on a Common Approach for the Regulation of CCPs (February 12, 2016)
Earlier this week, the Commodity Futures Trading Commission (CFTC) and European regulators announced that they have reached agreement on a “common approach” regarding requirements for central ...

Legal Alert: CFTC Amends Regulation 1.35 (February 3, 2016)
U.S. Commodity Futures Trading Commission (CFTC) Regulation 1.35 requires futures commission merchants (FCMs), retail foreign exchange dealers (RFEDs), introducing brokers (IBs) and members of a swap ...

Legal Alert: Preliminary Report on the Swap Dealer De Minimis Exception (December 10, 2015)
On November 18, the staff of the Commodity Futures Trading Commission (CFTC) issued a much anticipated report on the de minimis exception from the “swap dealer” definition, the Swap Dealer De Minimis ...

Articles

To Hedge or Not to Hedge? (July 2014)
Association of Corporate Counsel
The fundamental concept of risk is that there are more scenarios that can occur than will actually happen. To deal with this uncertainty, companies may consider establishing a risk management program ...

Get Ready For Round 2 Of CFTC's Rule On Position Limits (October 31, 2013)
Energy Law360
In “Get Ready For Round 2 Of CFTC's Rule On Position Limits,” published on Law360’s Energy wire, Sutherland associates Meghan Gruebner and Alexander Holtan write in anticipation of the CFTC ...

End-Users Let Out a Sigh of Relief (April 17, 2013)
Energy Law360
On April 9, 2013, just one day before the April 10, 2013, end-user compliance date for swap reporting and record keeping under the Dodd-Frank Wall Street Reform and Consumer Protection Act and ...

Know Your Swap Reporting Rules Before April 10 (March 22, 2013)
Energy Law360
On April 10, commercial end-users must begin reporting and maintaining records on all swaps to which they are counterparties. In a new article in Law360, Sutherland Associates Meghan Gruebner and ...

How an End-User Prepares to Comply With Derivatives Reform Under the Dodd-Frank Act (July 2012)
Quick Counsel, Association of Corporate Counsel

SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank (July 2012)
Insights: The Corporate & Securities Law Advisor

Tax and Other Legal Issues in Choosing the Form of a Business (July 1, 2009)
Darden Business Publishing

The Use of Internal Revenue Code', 351 in M&A Transactions (June 1, 2009)
Darden Business Publishing

Books

Chapter 7: Swap Trading Relationship Documentation, Confirmations, Portfolio Reconciliation and Portfolio Compression (2017 Edition)
OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
In OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing by William C. Meehan and Gabriel D. Rosenberg, Eversheds Sutherland Counsel ...

Chapter 7: Swap Trading Relationship Documentation, Confirmations, Portfolio Reconciliation and Portfolio Compression (2016 Edition)
OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
In OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing by William C. Meehan and Gabriel D. Rosenberg, Eversheds Sutherland Counsel ...

Chapter 7: Swap Trading Relationship Documentation, Confirmations, Portfolio Reconciliation and Portfolio Compression (2015 Edition)
OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
In OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing by William C. Meehan and Gabriel D. Rosenberg, Sutherland Associate Alexander Holtan ...

OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, 2015 ed. (2015)
Thomson Reuters

Chapter 7: Swap Trading Relationship Documentation, Confirmations, Portfolio Reconciliation and Portfolio Compression (2014 Edition)
OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
In OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing by William C. Meehan and Gabriel D. Rosenberg, Sutherland Associate Alexander Holtan ...

Presentations

“My experience and background helps me to understand my clients’ business, not just the law of their business.”

Presentations

Committee on Payments and Market Infrastructures (July 12, 2017)
Bank for International Settlements
Eversheds Sutherland (US) attorney Alex Holtan participates in the Committee on Payments and Market Infrastructure workshop presented by the Bank for International Settlements in Washington, DC. The ...

Politics and the Changing North American Landscape
US tax reform and the border adjustment tax (May 3, 2017)
2017 Argus Canadian NGL Summit
Eversheds Sutherland (US) Counsel Alexander Holtan presents “US tax reform and the border adjustment tax” during the session “Politics and the Changing North American Landscape”. Mr. ...

Trumponomics: The Emerging/New Regulatory Environment and its impact on the Energy and Financial Sectors (February 6, 2017)
The Energy Forum
Eversheds Sutherland (US) LLP is pleased to participate in The Energy Forum on Monday, February 6, 2017 in New York, New York. Eversheds Sutherland (US) attorneys Jacob Dweck, David McCullough and ...

What U.S. Market Participants Need to Know about EU Regulations (October 18-20, 2016)
FIA Futures and Options Expo 2016
Sutherland attorney Alex Holtan is a panelist on What U.S. Market Participants Need to Know about EU Regulations at the FIA Futures and Options Expo 2016 on October 18-20, 2016, in Chicago, ...

Updates in Canadian Derivatives Legislation (June 8, 2016)
International Energy Credit Association
Sutherland attorney Alex Holtan presents “Updates in Canadian Derivatives Legislation” at the International Energy Credit Association (IECA) 24th Annual Canadian Conference on June 8, 2016, ...

Webcast: Regulatory Risks in Energy Trading & End-User Hedging Programs (April 21, 2016)
GARP
Sutherland attorney Alex Holtan discusses “Regulatory Risks in Energy Trading & End-User Hedging Programs” presented by GARP on April 21, 2016. Alex navigates the potential impact of several key ...

Legal/Regulatory Risks in Energy Trading and End-User Hedging Programs (March 1, 2016)
Global Association of Risk Professionals Annual Risk Management Convention and Exhibition
Sutherland attorney Alexander Holtan presents “Legal/Regulatory Risks in Energy Trading and End-User Hedging Programs” at the Global Association of Risk Professionals Annual Risk Management ...

An Update and Overview of U.S. and Canadian Derivatives Reform (February 24, 2016)
NAPCO Credit Conference
Sutherland attorney Alexander Holtan presents “An Update and Overview of U.S. and Canadian Derivatives Reform” at the NAPCO Credit Conference on February 26, 2016, in San Diego, California.

Energy Risk Canada (September 30, 2015)
Sutherland is a proud sponsor of the Energy Risk Canada congress held September 30, 2015 at the Calgary Marriott Downtown, Calgary, Canada. Sutherland attorney Alexander Holtan will participate in a ...

Dodd-Frank and Alberta: Cross-Border Financial Trading Regulation (June 9, 2015)
2015 Argus Canadian Crude Summit
Sutherland attorney Alexander Holtan will chair a panel on “Dodd-Frank and Alberta: Cross-Border Financial Trading Regulation” at the Argus Canadian Crude Summit on June 9, 2015, in Calgary, Canada. ...

News

In the News

Washington-area Appointments and Promotions for January 1 (December 30, 2017)
Washington Post
In this article for the Washington Post, nine Washington DC-based Eversheds Sutherland attorneys are mentioned for being elected partner, effective January 1, 2018.

Eversheds Sutherland Unveils US Promotions (December 21, 2017)
Legal Week
Eversheds Sutherland is mentioned in this Legal Week article regarding the election of 17 new US partners effective January 1, 2018.

Energy Firms Raise Concerns Over CFTC Capital Rules (June 28, 2017)
Risk
Eversheds Sutherland (US) attorneys David McIndoe and Alexander Holtan are quoted in this Risk article regarding the Commodity Futures Trading Commission’s (CFTC) proposed capital rules for swap ...

President Targets Financial Rules Affecting Energy Industry (March 29, 2017)
Energy Intelligence
Eversheds Sutherland (US) attorney Alexander Holtan is quoted in this Energy Intelligence article regarding how financial reform will affect the energy industry. More specifically, Alex provides ...

Futures Exchanges Shift Rules on Block Trades in Win for Energy Companies (November 2, 2016)
Wall Street Journal
Sutherland attorney Alexander Holtan is quoted in this Wall Street Journal article regarding the recent decision by CME Group Inc. and Intercontinental Exchange Inc. to lighten their rules on large ...

U.S. Energy Firms Cheer Regulators’ Shift on Margin Rule (September 4, 2014)
Energy Risk
Associate Alexander Holtan was quoted in an Energy Risk article regarding a group of U.S. bank regulators proposing a new rule on margin requirements for swaps not cleared through a central clearing ...

Dodd-Frank Commodity Option Rules Sow Confusion Among Energy Firms (October 14, 2013)
EnergyRisk
Confusion over CFTC rules is tying US energy firms in knots, as they struggle to determine whether their physically settled commodity options need to comply with critical rules issued under the US ...

Energy Firms Struggle to Meet Dodd-Frank Reporting Deadline (April 2, 2013)
EnergyRisk
On April 10, Dodd-Frank requires commercial end-users to begin reporting and maintaining records on all swaps to which they are counterparties-unless the CFTC grants affected market participants a ...

Press Releases

16 Eversheds Sutherland (US) Attorneys Named 2018 Washington DC Super Lawyers and Rising Stars (April 23, 2018)
WASHINGTON-Eversheds Sutherland (US) LLP is pleased to announce that 10 of its attorneys based in Washington DC have been selected as top attorneys in the District of Columbia by Super Lawyers . ...

Eversheds Sutherland Elects 17 New US Partners (December 20, 2017)
Eversheds Sutherland (US) LLP is pleased to announce the election of 17 new partners effective January 1, 2018. Eversheds Sutherland Co-CEO Mark D. Wasserman commented: “It is an honor to welcome our ...

17 Eversheds Sutherland (US) Attorneys Named 2017 Washington DC Super Lawyers and Rising Stars (April 25, 2017)
WASHINGTON-Eversheds Sutherland (US) LLP is pleased to announce that 10 of the firm’s attorneys based in Washington DC have been selected as top attorneys in the District of Columbia by Super ...

20 Sutherland Attorneys Named 2016 Washington DC Super Lawyers and Rising Stars (April 21, 2016)
WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 13 of the firm’s attorneys based in Washington DC have been selected as top attorneys in the District of Columbia by Super ...

Sutherland Elects 18 New Counsel (January 14, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce the election of 18 new counsel, effective January 1, 2016. “Each of these attorneys provides excellent service to our ...

23 Sutherland Attorneys Named 2015 Washington, DC, Super Lawyers and Rising Stars (April 23, 2015)
WASHINGTON (April 23, 2015)-Sutherland Asbill & Brennan LLP today announced that 19 of the firm’s attorneys based in Washington, DC, have been selected as top attorneys in the state by Super ...

26 Sutherland Attorneys Named 2014 Washington, DC, Super Lawyers and Rising Stars (May 9, 2014)
WASHINGTON - Sutherland Asbill & Brennan LLP today announced that 20 of the firm’s attorneys based in Washington, DC, have been selected as top attorneys in the state by Super Lawyers. ...

Multimedia

Webcast - MiFID II: Overview and Main Impacts for US Financial Institutions (November 1, 2017)
Eversheds Sutherland (International) attorneys Andrew Henderson and Michaela Walker and Eversheds Sutherland (US) attorneys Holly Smith, Meltem Kodaman and Ray Ramirez present the webcast “MiFID II: ...

Webcast: Regulatory Risks in Energy Trading & End-User Hedging Programs (April 21, 2016)
GARP
Sutherland attorney Alex Holtan discusses “Regulatory Risks in Energy Trading & End-User Hedging Programs” presented by GARP on April 21, 2016. Alex navigates the potential impact of several key ...

Areas of Practice (9)

  • Energy & Infrastructure
  • Energy & Commodities Derivatives
  • Environmental
  • Mergers & Acquisitions
  • Trade & Sanctions
  • Trading & Transactions
  • Derivatives & Structured Products
  • Commodities Enforcement & Investigations
  • Policy & Government Affairs

Education & Credentials

Contact Information:
202.383.0926  Phone
www.eversheds-sutherland.com
University Attended:
Georgetown University, B.A.; University of Virginia Darden School of Business, M.B.A., 2009
Law School Attended:
University of Virginia School of Law, J.D.
Year of First Admission:
2011
Admission:
2011, District of Columbia; 2011, Virginia
Memberships:

Professional Activities

Member, Legal Counsel for the Elderly's Young Lawyers Alliance

ISLN:
921861940

Peer Reviews

This lawyer does not have peer reviews.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (5)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

Contact Alexander S. Holtan

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