David T. McIndoe

David T. McIndoe: Attorney with Eversheds Sutherland (US) LLP
  • Partner at Eversheds Sutherland (US) LLP (436 Attorneys)
  • 700 Sixth Street NW, Suite 700, Washington, DC 20001-3980
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Biography

David is co-head of the Eversheds Sutherland (US) Energy and Commodity Trading Team. He combines two sophisticated practices in transactional and regulatory matters to advise clients on physical commodity trades, structured transactions, derivatives and commodity trade finance. Based in Washington DC, his practice is at the forefront of developments at the Commodity Futures Trading Commission (CFTC), derivatives exchanges and other federal, state and international regulators. David also advises firms about competition issues in the context of commodity transactions.

Awards and Rankings

Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2018)

Experience

“As we look ahead to meeting the demands of the changing compliance and transactional landscape for energy and financial derivatives after Dodd-Frank, the depth and variety of experience available under Eversheds Sutherland (US)'s derivatives and energy platform brings great value for our clients.”

Experience

Advises clients on a wide range of physical and financial trading transactions, with an emphasis on energy, metal and agricultural commodity transactions.
Advises clients in connection with structured supply facilities, powerplant tolling agreements, heat rate calls, energy management agreements and wind derivatives.
Assists clients with infrastructure transactions including public-private partnerships.
Represents clients in complex commodity financing and supply transactions, including reserved-based credit facilities and lien-secured hedging transactions.
Counsels clients on a variety of transportation, storage and related services agreements.
Assists clients in establishing trading relationships under master agreements (e.g., ISDA, EEI, NAESB, MSFTA, MRA, etc.) and bespoke arrangements and the execution of transactions thereunder.
Represents firms in the structuring, issuance and listing of digital assets and in the use of blockchain and distributed ledger technology in commercial operations.
Advises firms with respect to standard commodity trading documentation, including security agreements, letters of credit, guaranties and documents of title.
Advises commercial firms and trading companies on CFTC and exchange enforcement and compliance issues.
Represents firms with respect to obligations as swap dealers, commodity trading advisors, commodity pool operators, or introducing brokers.

Presentations

Webcast: Blockchain and distributed ledger technology - cryptoassets and corporate uses (September 5, 2018)
Association of Corporate Counsel’s (ACC) Energy Network
Eversheds Sutherland (US) Partner David McIndoe presents Blockchain and distributed ledger technology - cryptoassets and corporate uses to the Association of Corporate Counsel's Energy Network on ...

Direct Investment in Commodity Deals - Structures and Legal Issues (July 25, 2018)
The Regulatory Fundamentals Group
Eversheds Sutherland (US) Partners David McIndoe and Greg Kaufman present a webcast “Direct Investment in Commodity Deals - Structure and Legal Issues” to members of the Regulatory Fundamentals Group ...

Navigating Global Commodity Trading (November 15, 2017)
Join Eversheds Sutherland for a seminar on international aspects of commodity trading and finance, as well as a networking reception following the close of the program. The seminar is relevant for ...

Webcast: Project KISS: Important Issues for Commodity Markets (July 19, 2017)
FIA Webcast
Eversheds Sutherland (US) Partner David McIndoe presents “Project KISS: Important Issues for Commodity Markets” a webcast hosted by FIA on July 19, 2017. This webcast explores some of the changes ...

Financial and Non-Financial End Users (January 21, 2017)
American Bar Association
Eversheds Sutherland (US) Partner David McIndoe joins a panel to present Financial and Non-Financial End Users at the ABA Business Law Section Derivatives and Futures Law Committee Winter Meeting ...

Webcast: Blockchain - Understanding the Technology and Potential Impacts on Commodities Trading (December 21, 2016)
ACC Energy Committee
Sutherland attorneys David McIndo and Cheryl Aaron presents Blockchain - Understanding the Technology and Potential Impacts on Commodities Trading, a webcast hosted by the ACC Energy Committee on December 21, 2016.

Dodd-Frank Update (October 8, 2015)
American Petroleum Institute Risk Subcommittee
Sutherland attorneys David McIndoe and Meghan Gruebner present “Dodd-Frank Update” to the American Petroleum Institute Risk Subcommittee on October 8, 2015.

Future of Derivatives Trading (February 2, 2016)
Commodity Markets Council
Sutherland Partner David McIndoe moderates Future of Derivatives Trading at the CMC State of Industry conference on Febuary 2, 2016, in Miami Beach, Florida.

Primer on the ISDA Resolution Stay Protocol - Implication for Energy Firms (September 17, 2015)
NAPCO Fall 2015 Credit Conference
Sutherland Partner David McIndoe presents “Primer on the ISDA Resolution Stay Protocol - Implication for Energy Firms” on September 17, 2015, at the NAPCO Fall Credit Conference in Denver, Colorado. ...

Webcast: A Primer on the ISDA Resolution Stay Protocol for Firms that Trade Commodities (June 30, 2015)
Sutherland attorneys David McIndoe and Warren Davis present A Primer on the ISDA Resolution Stay Protocol for Firms that Trade Commodities.

Publications

“If the Commodity Trading Futures Commission (CFTC) is going to re-propose a position limits rule, they should take some of the deliberation that they received on this iteration of the rule and improve upon it. They should resolve some of the ambiguity of the rule. Two ways they might do that are to go back to the old bona fide hedging standard and to show some relief on the aggregation standard.”

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: CFTC takes steps to increase regulatory oversight of virtual currency markets (May 24, 2018)
On May 21, 2018, the Commodity Futures Trading Commission (CFTC) announced two actions intended to increase surveillance of virtual currency markets and enforcement of the Commodity Exchange Act in ...

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: CFTC Proposes to Expand Mandatory Clearing to Include Additional Classes of Interest Rate Swaps (June 20, 2016)
On June 9, the Commodity Futures Trading Commission (CFTC) released a notice of proposed rulemaking regarding an expansion of CFTC Regulation 50.4(a). If adopted, additional classes of interest rate ...

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 ...

Books

Chapter 9: Mandatory Clearing (2017-2014 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 Partner David McIndoe ...

News

“One of the big concerns for the energy space is that the position limits paradigm that applies to agriculture was not going to translate very well to energy. Energy is a different market. It is not a centralized market; people trade a lot bilaterally. The market forces that compel energy prices-both at the commodity and retail levels-are not as driven by the markets as they are in agriculture.”

In the News

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 ...

Sutherland DC Adds Energy Expertise (January 25, 2012)
Houston Energy Bisnow featured the recent move of David T. McIndoe and R. Michael Sweeney, Jr. to Sutherland Asbill & Brennan LLP in its January 25, 2012, edition. For the complete article about how ...

Sutherland Adds Energy, Derivatives Partners From Hunton (January 24, 2012)
Law360 says Sutherland Asbill & Brennan LLP has fortified its energy and derivatives trading practices with the new hires of David T. McIndoe and R. Michael Sweeney Jr. The partners, previously ...

Press Releases

Acritas Stars Recognizes 22 Eversheds Sutherland Attorneys for Outstanding Client Service (March 20, 2019)
Eversheds Sutherland is pleased to announce that 22 attorneys have been recognized as stand-out lawyers in the 2019 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...

Acritas Stars Recognizes 17 Eversheds Sutherland (US) Attorneys for Outstanding Client Service (March 20, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 17 attorneys have been recognized as stand-out lawyers in the 2018 Acritas Stars: Independently Rated Lawyers report. The annual report, ...

Sutherland Rocks Battle of the Law Firm Bands; Firm Raises More Than $28,000 to Support Gifts for the Homeless, Inc. (June 24, 2016)
WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that its DC-based house band, Sutherland Comfort, raised more than $28,000 during the 2016 Battle of the Law Firm Bands, a fundraiser ...

Sutherland Raises More Than $42,000 for Gifts for the Homeless; Wins 2015 Battle of the Law Firm Bands (June 24, 2015)
WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that its D.C.-based house band, Sutherland Comfort, won the “Banding Together Champion” title during the 2015 Battle of the Law Firm ...

Sutherland Energy Trading Practice Continues Growth; Adds Partner Steven H. Scheinman in New York (February 28, 2012)
NEW YORK (February 28, 2012) - Sutherland Asbill & Brennan LLP is pleased to announce that Steven H. Scheinman has joined the firm as a partner in the Energy and Environmental Practice Group in New ...

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)
WASHINGTON (January 23, 2012) - Sutherland Asbill & Brennan LLP today announced that David T. McIndoe and R. Michael Sweeney, Jr., previously co-heads of the Commodities Trading Group at Hunton & ...

Multimedia

Webcast: Alternative Investments: Opportunities in Energy Investing (June 12, 2014)
With recent changes in the marketplace for physical commodities trading, project development and finance, it is important to consider how such changes have resulted in the burgeoning demand for ...

Webcast: 2012 Webinar Series: Electric Cooperative Issues - Current Issues in Energy Trading Agreements (September 11, 2012)
Sutherland Attorneys David T. McIndoe, Jennifer J. Kubicek and Thomas H. Warren are leading the second webinar in the “2012 Webinar Series: Electric Cooperative Issues, being held Tuesday, September ...

Podcast: The CFTC's Final Swap Dealer and Major Swap Participant Definitions and Their Implications for Hedge Funds and Other Private Funds (May 30, 2012)
Please join Sutherland's Hedge Funds and Other Private Funds Team for a Quick Call regarding the CFTC's highly anticipated final swap dealer and major swap participant definitions.The swap ...

Podcast: New CFTC Rules Affecting Funds and their Advisers That Invest in Commodity Interests (April 17, 2012)
The Commodity Futures Trading Commission (CFTC) recently adopted amendments to its regulations governing the registration of commodity pool operators (CPOs) and commodity trading advisors (CTAs) and ...

Areas of Practice (10)

  • Energy & Infrastructure
  • Energy & Commodities Derivatives
  • Natural Resources
  • Derivatives & Structured Products
  • Trading & Transactions
  • Private Investment Funds
  • Private Equity
  • Insurance
  • Insurance Finance
  • Commodities Enforcement & Investigations

Education & Credentials

Contact Information:
202.383.0920  Phone
www.eversheds-sutherland.com
University Attended:
Dartmouth College, B.A.
Law School Attended:
Washington and Lee University School of Law, J.D.
Year of First Admission:
1998
Admission:
1998, Virginia; 2000, District of Columbia
Memberships:

Professional Activities

Member, Derivatives and Futures Law, ABA Business Law Committee
Member, Commodity Markets Council
Member, Futures Industry Association
Member, Energy Bar Association

Languages:
French
Birth Information:
Boston, Massachusetts, February 12, 1972
ISLN:
913160952

Peer Reviews

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Documents (30)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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