Futures & Derivatives

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Overview

Members of the futures industry look to Greensfelder for advice and counsel to help them navigate the increasingly complex statutory and regulatory framework that governs the business. Our deep understanding of the industry enables us to assist clients in all aspects of their day-to-day operations and to address the ever-changing complexities they face, from compliance issues to regularly scheduled audits to more complicated registration matters.

We provide formation, compliance, and regulatory advice to futures commission merchants, forex firms, proprietary trading firms, exchanges, and introducing brokers. We interface with regulators to address unique issues before they escalate — whether by engaging in formal discussions, by seeking no-action relief, or by preparing efficient and knowledgeable responses to investigatory inquiries.

We also know that, despite best efforts, our clients sometimes find themselves facing adversary proceedings — whether in litigation or arbitration brought by customers, competitors, or former employees, or in enforcement actions brought by state or federal regulatory authorities or self-regulatory organizations that oversee the futures industry. Our experienced litigators provide zealous and efficient representation to see a matter through to resolution.

The collaborative approach that is a Greensfelder core value enables us to provide our clients with superior counsel for all aspects of their business. Our practice group assists clients in the following areas:

Compliance and Regulatory Counseling

  • Counsel clients in connection with operational and compliance matters, both at startup and in connection with day-to-day operations
  • Assist clients in connection with routine and non-routine audits, regulatory examinations, and investigatory inquiries
  • Seek interpretive guidance and “no-action” relief from regulatory authorities for clients in connection with untested areas of law

Litigation and Arbitration

Represent clients in enforcement actions, including:

  • Enforcement proceedings by CFTC
  • NFA Member Responsibility Actions and Business Conduct Committee Actions
  • Enforcement proceedings before futures and options exchanges, including CME, CBOT, CBOE, ICE, and NYMEX

Represent clients in customer and business disputes in various forums, including:

  • State and federal courts throughout the country
  • CFTC reparations forum
  • NFA and various exchange arbitration forums
  • Private arbitration and mediation forums

Collaborative Counseling

We work closely with other Greensfelder attorneys to offer our futures and derivatives clients counsel in related practice areas, including:

  • Intellectual property, from trademark and copyright registration to patent counseling related to sophisticated proprietary trading algorithms.
  • Employment and labor, to develop hiring and termination policies and procedures and non-compete and confidentiality agreements, and to assist in various labor disputes.
  • Electronic information management, to counsel clients on document retention and security policies, as well as to assist with complex electronic discovery and production issues in connection with regulatory investigations and enforcement actions, and in civil litigation.

Attorneys