David combines transactional and regulatory practices to advise clients on derivatives, physical commodity trades, structured products and related capital market transactions. He represents commercial energy firms, commodity traders, commercial end users, pooled investment funds and pension funds.
David advises clients on a wide range of physical and financial trading transactions, with an emphasis on energy, metal and agricultural commodity transactions. As a structured transactions lawyer, David also represents clients in complex financing and supply transactions. He also counsels clients on a variety of transportation, storage and related services agreements. David assists clients in establishing trading relationships under master agreements (e.g., ISDA, EEI, NAESB, IFEMA, Scota, etc.) and bespoke arrangements and the execution of transactions thereunder. In addition, David represents clients in regulatory, compliance and enforcement matters related to such transactions.
Recently, David has advised clients in various physical commodities transactions, including exclusive supply agreements and storage/terminalling agreements. He also has been advising clients in acquiring physical commodity trading desks, particularly for crude oil, refined products and natural gas.
David plays a significant role in the energy, commodities and alternative investment industries’ response to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank). He represents firms before the Commodity Futures Trading Commission (CFTC), other federal and self-regulatory agencies, and derivatives exchanges. David also advises firms regarding derivatives reform under European law (e.g., EMIR, MiFID, REMIT, etc.).
Sutherland provides counsel regarding the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Sutherland is advising a major public utility holding company on the regulatory implications and compliance associated with Dodd-Frank.
Sutherland acts as lead counsel in regulatory status determination under Dodd-Frank Consumer Protection Act.
Sutherland is functioning as lead counsel for one of the largest U.S. energy companies regarding the regulatory status of its natural gas and crude oil trading operations under Dodd-Frank, as well as general implementation and compliance with Dodd-Frank.
Sutherland advises energy companies on Dodd-Frank and CFTC compliance issues.
Sutherland is advising energy companies on the impact of the Dodd-Frank Act and on compliance issues created by the CFTC's implementation. In part, we prepare comments on the Dodd-Frank’s implementation and meet with CFTC regulators.
Member, Managed Funds Association
Member, Futures Industry Association
Member, Energy Bar Association
Members, ISDA North American Committee on Equity Derivatives