James M. Cain

James M. Cain: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
  • Partner at Eversheds Sutherland (US) LLP (430 Attorneys)
  • 700 Sixth Street NW, Suite 700, Washington, DC 20001-3980
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  • James M. Cain
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Biography

With more than three decades of experience, Jamie Cain has guided insurers, banks, securities and commodities firms, and funds through significant transactions that transform their businesses including public and private securities offerings and mergers and acquisitions. He regularly works with U.S. and foreign companies to interpret and comply with the myriad of securities, commodities, insurance and banking laws that apply to these transactions.

A frequent speaker at industry conferences, Jamie is recognized for his knowledge of the Dodd-Frank Act and the regulation and use of derivatives including those instruments used for interest rate, foreign exchange, commodity, credit default and equity transactions and related collateral arrangements. He represents a wide range of global clients, typically on the buy side, including major public companies, financial institutions, public and private funds, government sponsored enterprises and foreign governments. He advises these clients on documentation of those transactions and on internal and regulatory compliance, investigations, enforcement actions and other disputes, including those arising from close out and valuation in the context of counterparty insolvency proceedings.

Jamie also advises insurers, banks and broker-dealers in connection with cross-industry acquisitions and in the distribution of their respective products both domestically and internationally.

Clerkships

Honorable Edward C. Reed of the U.S. District Court

Awards and Rankings

Named to The Best Lawyers in America in the area of derivatives and futures law (2006-2019)

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

Experience

“In today’s world, getting the deal done requires not only relevant transactional experience, but also navigating through myriad requirements imposed by various, and often competing, regulatory regimes.”

Experience

Advised public companies on OTC derivatives transactions and Dodd-Frank Act compliance.
Counseled life insurers and GSEs on swap transaction documentation.
Represented a series of energy, metal and agricultural ETFs.
Represented an exchange-traded fund in a multi-agency trading practices investigation, resulting in no action taken against the client.
Advised annuity insurers on drafting Dodd-Frank Act comment letters.
Represented major commercial energy firms in Dodd-Frank Act implementation and compliance.
Counseled U.S. insurer on creating an offshore segregated accounts company.
Advised clients on various OTC transactions.
Advised foreign government on OTC derivatives.
Advised GSEs on OTC interest rate transactions.
Counseled foreign insurer on regulatory and compliance matters.
Advised on acquisition of insurance product wholesaler.
Counseled insurers on third-party marketing.
Advised bank on equity investments and on regulatory compliance.
Advised a major bank on federal and state laws regulating insurance premium financing.
Counseled wire house on insurance product structure, distribution.
Provided advice to GSE on multi-billion dollar debt programs.
Represented agricultural cooperative in connection sale through auctions of subsidiaries.
Assisted oil and gas company with development of ISDA documentation and policies, negotiates ISDA agreements for company.
Represented actively managed ETF investing in cleared CDS.
Advised a Fortune 100 company on proper disclosure of market information in response to a CFTC inquiry.
Advised public companies in connection with CFTC inquiries related to position limits and market manipulation.

Publications

“Advising a variety of clients on a wide range of transactions gives us a better perspective on the issues.”

Legal Alerts

Legal Alert: ISDA publishes benchmarks supplement (October 3, 2018)
Introduction On September 19, 2018, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA Benchmarks Supplement, which allows adhering entities to amend the contractual ...

Legal Alert: December 31, 2021, changes to the London Interbank Offered Rate (LIBOR) are coming-will you be ready? (August 21, 2018)
“... [T]he discontinuation of LIBOR should not be considered a remote probability ‘black swan’ event. Firms should treat it is [sic] as something that will happen and which they must be prepared ...

Legal Alert: NFA launches electronic filing system for promotional materials (August 14, 2018)
Earlier today, the National Futures Association (NFA) launched an electronic filing system for submitting promotional materials to the NFA for review (the New Filing System). Until now, promotional ...

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: FINRA delays implementation of Rule 4210 (April 20, 2018)
Earlier today, the Financial Industry Regulatory Authority, Inc. (FINRA) filed a proposal with the Securities and Exchange Commission (SEC) to further delay the implementation of amendments to its ...

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: Affirmations of CPO and CTA registration exemptions are due by March 1, 2018 (February 14, 2018)
Persons claiming exemptions from registration as a commodity pool operator (CPO) or a commodity trading advisor (CTA) must affirm their exemptions by March 1, 2018. Pursuant to Commodity Futures ...

Legal Alert: FX Forwards May Not Be Subject to Margining in the EU for Some Market Participants After All (November 30, 2017)
The Council of the European Union (EU) has proposed an amendment to the European Market Infrastructure Regulation (EMIR)1 that eliminates mandatory initial margin requirements for physically settled ...

Legal Alert: Marginal adjustments?! (November 15, 2017)
On October 12, 2017, the Division of Clearing and Risk (Division) of the US Commodity Futures Trading Commission (CFTC) issued an interpretative letter in response to a request for clarification on ...

Legal Alert: CFTC No-Action Relief from SEF Trading for Package Transactions (November 2, 2017)
Earlier this week, the Commodity Futures Trading Commission’s (CFTC) Division of Market Oversight extended existing no-action relief from trading on a swap execution facility for package transactions ...

Articles

Back to the Futures: CCPS’ Adjustments to the Characterization of Variation Margin and their Implications (November 2017)
The Journal on the Law of Investment & Risk Management Products
In the aftermath of the 2008 financial crisis, regulators in the United States and abroad imposed new regulatory requirements on over-the-counter (OTC) swaps, and the people who trade them, with the ...

Preparing for the Squall: The Coming Margin Requirements for OTC Derivatives (April 2015)
The Review of Banking & Financial Services
Rules proposed by the Prudential Regulators and the Commodity Futures Trading Commission (CFTC) impose requirements on swap dealers and major swap participants to post and collect margin in ...

Putting the CFTC's 'Swap' Definition into Context (June 5, 2014)
Law360
The CFTC’s Division of Swap Dealer and Intermediary Oversight recently addressed, for the first time, the commission's definition of a swap as it applies to a specific insurance transaction. U.S. ...

The CPO and CTA Regulatory Regimes: What Operators of and Advisers to Commodity Pools Should Expect in 2013 (May 2013)
Futures & Derivatives Law Report
There were a number of significant changes to the regulatory regime for commodity pool operators and commodity trading advisors in 2012. In their article, “The CPO and CTA Regulatory Regimes: What ...

Regulatory watch list for 2012: the shifting landscape for hedge funds and other private funds (June 2012)
Journal of Investment Compliance

Defining ‘Swap Dealer’ and ‘Major Swap Participant’ (April 24, 2012)

Regulatory Watch List for 2012: Commodity ETF Industry (February 16, 2012)
Reprinted with permission from Securities and Banking Law360

2012 Regulatory Watch List: Commodity ETF Industry (February 16, 2012)
Law360

Dodd-Frank Necessitates New Legal Documentation for Cleared and Uncleared Swaps (July 13, 2011)
The Review of Securities & Commodities Regulation
Available on ACLI website.

Exchange-Traded Funds - Offering Transparency, Liquidity and Diversification in Turbulent Markets (July 15, 2009)
Reprinted with permission from The Review of Securities & Commodities Regulation

Presentations

“Our clients want and deserve practical advice.”

Presentations

The departure of LIBOR (November 6, 2018)
ACLI Senior Investment Managers Seminar (SIMS)
Eversheds Sutherland (US) Partner Jamie Cain participates on a panel The departure of LIBOR at ACLI’s Senior Investment Managers Seminar on November 6, 2018 in New Orleans, Louisiana. The session ...

Seeing the bigger picture: The problematic departure of LIBOR (July 18, 2018)
DC Bar “Off the Record” luncheon program
Eversheds Sutherland (US) Partner Jamie Cain is participating on a panel to present “The problematic departure of LIBOR” during the D.C. Bar “Off the Record” luncheon program on July 18, 2018. The ...

39th Annual FIA Law & Compliance Conference (May 5, 2017)
Eversheds Sutherland is a proud sponsor of the FIA Law and Compliance Conference, taking place May 3-5, 2017, Washington, DC. The 39th Annual Law & Compliance Conference on the Regulation of Futures, ...

ACIC Annual Meeting and Education Conference (October 20, 2016)
American College of Investment Council
Sutherland attorneys Jamie Cain, Taylor Kiessig and Ray Ramirez participate at the 2016 Fall Annual Meeting and Education Conference on October 20, 2016, in New York, New York. Sutherland Partner ...

World Recognition of Distinguished General Counsel (March 30, 2016)
The Directors Roundtable
Sutherland Partner James Cain is a panelist at the World Recognition of Distinguished General Counsel: James Savina hosted by The Directors Roundtable on March 30, 2016, in Chicago, Illinois.

Alternative Investments: Current Regulatory, SEC and IRS Developments (April 23, 2014)
Please join Sutherland Asbill & Brennan LLP, Rothstein Kass, and Freeman & Co. for an informative discussion on current regulatory, SEC and IRS trends impacting the alternative investment space. ...

Credit Implications of Dodd-Frank (April 13, 2014)
NPECA Annual Conference

Derivatives Regulatory Reform (October 10, 2013)
ACIC Annual Meeting and Educational Conference

Credit Implications of Dodd-Frank (September 12, 2013)
North American Power Credit Organization Meeting

Hot Topics in Derivatives Under Dodd-Frank for Private Investment Funds (April 16, 2013)
Please join Sutherland’s Private Funds Team for the third webcast in our Hot Topics in Private Investment Funds series. Sutherland attorneys and members of the Derivatives Team, Jamie Cain, Daphne ...

News

In the News

US, EU Regs Look to Improve Coordination (April 18, 2017)
Compliance Reporter
Eversheds Sutherland (US) Partner James Cain is quoted extensively in this Compliance Reporter article regarding the US-EU Joint Financial Regulatory Forum last month where officials discussed views ...

At Dodd-Frank Anniversary, Energy Interests Air Concerns About Counterparties, Hedging (August 17, 2015)
Platts
Partner James Cain is quoted in this Platts article regarding the five year anniversary of the Dodd Frank Wall Street Reform and Consumer Protection Act. Among other things, he discusses how banks ...

Press Releases

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, ...

Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...

Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...

Five Sutherland Partners Named “Lawyer of the Year” 82 Lawyers Recognized in 2016 Edition of The Best Lawyers in America (August 17, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that five partners have been selected as “Lawyer of the Year in their respective fields by The Best Lawyers in America, ...

Three Sutherland Partners Named “Lawyer of the Year,” 83 Lawyers Recognized in 2015 Edition of The Best Lawyers in America (November 3, 2014)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that three partners have been selected as “Lawyer of the Year in their respective fields by The Best Lawyers in America, ...

74 Sutherland Attorneys Named to The Best Lawyers in America in 2011-2012 (December 9, 2011)
ATLANTA and WASHINGTON (December 9, 2011) - Best Lawyers recently announced its 2011-2012 The Best Lawyers in America survey results, naming 75 Sutherland Asbill & Brennan LLP attorneys as “Best ...

The Best Lawyers in America Recognizes 73 Sutherland Attorneys (August 5, 2010)
ATLANTA and WASHINGTON (August 5, 2010) - Sutherland Asbill & Brennan LLP announces that 73 of its attorneys have been selected by their peers for inclusion in the 2011 edition of The Best Lawyers in ...

Coca-Cola Enterprises Recognizes Sutherland’s Diversity Efforts (July 21, 2010)
ATLANTA (July 21, 2010) - Sutherland Asbill & Brennan LLP has been recognized by Coca-Cola Enterprises (“CCE) as its primary outside counsel with the highest percentage of women attorneys and ...

Multimedia

Webcast: Hot Topics in Derivatives Under Dodd-Frank for Private Investment Funds (April 16, 2013)
Please join Sutherland’s Private Funds Team for the third webcast in our Hot Topics in Private Investment Funds series. Sutherland attorneys and members of the Derivatives Team, Jamie Cain, Daphne ...

Webcast: Dodd-Frank Act Requirements Impacting Derivatives Activities Hedge Funds Other Private Funds Webcast: A To Do List (November 7, 2012)
Sutherland Asbill & Brennan LLP invites you to join us for a webcast on derivatives reform. On October 12, 2012, the final rules issued by the Commodity Futures Trading Commission and the Securities ...

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 ...

Podcast: New CFTC Rules Affecting Funds that Invest in Commodity Interests: How Will They Affect You? (March 15, 2012)
The CFTC recently adopted amendments to its regulations governing the registration of commodity pool operators (CPOs) and commodity trading advisors (CTAs) and the compliance and reporting ...

Areas of Practice (13)

  • Corporate
  • Derivatives & Structured Products
  • Financial Services
  • Banking & Financial Institutions
  • Insurance
  • Insurance Finance
  • Broker-Dealer
  • Exchange Traded Funds
  • Finance
  • Private Investment Funds
  • Mergers & Acquisitions
  • Securities & Corporate Governance
  • Commodities Enforcement & Investigations

Education & Credentials

Contact Information:
202.383.0180  Phone
www.eversheds-sutherland.com
University Attended:
University of Notre Dame, A.B.
Law School Attended:
Georgetown University Law Center, J.D.
Year of First Admission:
1980
Admission:
1986, District of Columbia; 1981, California; 1980, Nevada
Memberships:

Professional Activities
Member, Banking Law Committee and Derivatives and Futures Law Committee, Business Law Section, American Bar Association
Member, Law and Compliance Division, Futures Industry Association
Member, Various ISDA Committees
Member, MFA

Birth Information:
Danbury, Connecticut, April 14, 1955
ISLN:
908606755

Peer Reviews

  • 4.9/5.0 (1 review)
  • High ethical standing icon
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0

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

Documents (60)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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