Warren represented buy-side firms in development of new standard documentation for cleared swaps under the auspices of the Futures Industry Association (FIA) and the International Swaps and Derivatives Association (ISDA) and protocols amending existing Master Agreement documentation for uncleared swaps under the auspices of ISDA.
His clients include a broad range of end-user counterparties including hedge funds, insurance companies, pension plans, mutual funds, foreign governments, government-sponsored agencies, universities, banks, energy companies, industrial corporations, shipping companies and high net worth individuals; and he advises on all types of derivatives including transactions tied to interest rates, securities and equity indices, commodities, credit and credit indices, freight and weather events.
Awards and Rankings
Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2018)
Named to The Best Lawyers in America in the areas of derivatives and futures law (2006-2019)
Selected for inclusion in Washington, DC, Super Lawyers (2013-2016)
In the News
U.S. Bilateral Margin Rules: A Hit Parade of Horrors (November 3, 2014)
Of Counsel Warren Davis is quoted in a Risk.net article regarding the proposed U.S. rule on margin requirements for swaps not cleared through a central clearing house. Among other things, Warren ...
Dealers Welcome U.S. Uncleared Margin Rules (September 16, 2014)
Counsel Warren Davis was quoted in a Risk.net article regarding a group of U.S. bank regulators proposing a new rule on margin requirements for swaps not cleared through a central clearing house. ...
Trade Reconstruction Requirements Hit Swaps Market (July 17, 2014)
Of Counsel Warren Davis was quoted in a Markets Media article regarding trade reconstruction and new recordkeeping requirements imposed by the Commodity Futures Trading Commission. Among other ...
Keeping An Eye On MF Global Fallout (November 22, 2011)
On October 31, the MF Global enterprise collapsed into bankruptcy and a number of related insolvency proceedings. Amid allegations of improper commingling of customer accounts and rumors of ...
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, ...
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 ...
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 ...
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, ...
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 ...
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, ...
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. ...
125 Sutherland Attorneys Named Super Lawyers and Rising Stars in 2013 (May 28, 2013)
ATLANTA and WASHINGTON (May 28, 2013) - Sutherland Asbill & Brennan LLP announced today that 119 of the firm’s lawyers were chosen as top attorneys and Rising Stars by Super Lawyers. The designations ...
“I started working with derivatives when they were relatively rare; now it’s a $600 trillion business.”
Represented FHLBs in new derivatives regulations of the Dodd-Frank Act.
Aided investment manager of large hedge funds in negotiating various agreements.
Negotiated $15 billion trade for large insurer with two derivatives dealers.
Assisted in development of industry standard documents for the execution of swaps.
“The most rewarding element of my work is the education of clients so they are more knowledgeable about the risks and benefits of derivatives.”
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: Sabine Bankruptcy Court Allows Rejection of Gathering Agreements (March 9, 2016)
In a March 8, 2016 ruling from the bench, the U.S. Bankruptcy Court for the Southern District of New York issued a significant decision regarding the ability of a debtor in bankruptcy to reject gas ...
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 ...
Legal Alert: UK Banking Regulator Finalizes Rules Requiring Adherence to Contractual Stay (November 24, 2015)
On November 13, the Bank of England’s Prudential Regulation Authority (PRA) published a final policy statement titled “Contractual Stays in Financial Contracts Governed by Third-Country Law” (the PRA ...
Legal Alert: Coming Soon - Mandatory Clearing of Interest Rate Swaps Under EMIR (September 1, 2015)
On August 6, 2015, the European Commission (EC) adopted new rules that will require the clearing of certain over-the-counter (OTC) interest rate swaps pursuant to the European Market ...
What Happens at the End of a Central Counterparty’s Waterfall? (February 2016)
Futures & Derivatives Law Report
Five years after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, a principal topic of discussion amongst participants in the derivatives markets is what would happen ...
Dodd-Frank Act Status/Cleared Swap Documentation Training Program (March 2012)
Derivatives Under Dodd-Frank External Business Conduct Standards for Swap Dealers and Major Swap Participants (January 2012)
Dodd-Frank Necessitates New Legal Documentation for Cleared and Uncleared Swaps (July 13, 2011)
The Review of Securities & Commodities Regulation
Available on ACLI website.
The Derivatives Industry Must Think ‘Outside the Box’ to Minimize Disputes Arising from Calculation Agent Determinations and to Fairly Resolve Such Disputes When They Cannot Be Prevented (March 2009)
Introduction to the ISDA Master Agreements and the Credit Support Annex (April 2006)
Credit Derivatives - The Legal Landscape from 20,000 Feet (February 2006)
Negotiating the Credit Support Annex (CSA) - Arms Control for ‘Financial Instruments of Mass Destruction (May 2005)
Advanced Course on Negotiating, Tailoring and Using the 1992 & 2002 ISDA Master Agreements
ISDA Symposium on Litigation in the OTC Derivatives Markets (March 9, 2004)
The ISDA 2002 Master Agreement - A Preliminary End-User Perspective (June 2003)
Reprinted with Permission from Futures & Derivatives Law Report, Vol. 23, No. 4, June 2003
“One of the most significant aspects of Dodd-Frank is its Commodity Exchange Act amendment to establish a comprehensive, new regulatory framework for the over-the-counter swaps market.”
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.
Webcast: Your Firm and the ISDA Resolution Stay Protocol (June 17, 2015)
The Knowledge Group is pleased to have Sutherland attorneys David T. McIndoe and Warren N. Davis participate in the upcoming webcast, “Your Firm and the ISDA Resolution Stay Protocol.” This live ...
Financial and Non-Financial End Users (January 22, 2014)
ABA Derivatives and Futures Law Committee Meeting
Sutherland Partner Warren Davis is a panel member on Financial and Non-Financial End User at the ABA Derivatives and Futures Law Committee Meeting held January 22-23rd in Naples, FL. The panel ...
New Cleared Swap Documentation for U.S. Markets (August 2012)
American Bar Association’s Futures and Derivatives Law Committee, Swap Documentation Subcommittee Webinar
Staff Roundtable to Discuss Additional Customer Protections (August 2012)
Commodity Futures Trading Commission (CFTC)
Dodd Frank Update (May 2012)
Federal Home Loan Banks Attorney’s Conference
Documentation for Cleared Swaps (April 2012)
GAIM Ops Cayman 2012
Dodd-Frank Update: Where We Are and Where We Are Going (April 2012)
Briefing for the Board of Directors of the FHLBanks Office of Finance
Banks of the Farm Credit System Dodd-Frank Act Status/Cleared Swap Documentation Training Program (March 2012)
MSPs, Dealers, End Users (February 2012)
ABA Business Law Section, Derivatives and Futures Law Committee Winter Meeting
Active Member, ISDA
Member, Managed Funds Association
Member, Futures Industry Association
Member, Subcommittee on Derivatives Instruments, American Bar Association
Founder, Georgetown Program for Jewish Civilization
National Commissioner, Anti-Defamation League
Member, Executive Committee of the ADL Regional Board of Directors
Member, Board of Editors, Futures and Derivatives Law Report
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