With nearly 40 years of experience in corporate financial transactions, for the past 20 years, Warren Davis has advised clients on derivatives, related risk management activities and financial disclosure. Warren is at the forefront helping clients navigate the complexities of the Dodd-Frank Act regulatory regime for derivatives, including commenting on numerous Commodities Future Trading Commission (CFTC) rulemakings and advising with respect to the development of new documentation for cleared and uncleared swaps. He takes care to educate himself and his clients on the risks and benefits of dealing in various types of derivatives, where subtle differences in documentation can have large real-world consequences. Warren is an adjunct professor at George Washington University Law School where he teaches the Regulation of Derivatives.
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.
Sutherland represents FHLBs in new derivatives regulations of the Dodd-Frank Act.
Sutherland represents the 12 Federal Home Loan Banks (FHLB) with responsibility for advising on the implementation of the new derivatives regulatory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The FHLBs have approximately $600 billion notional value in outstanding over-the-counter derivatives, which are impacted by this landmark legislation.
Sutherland aids investment manager of large hedge funds in negotiating various agreements.
Sutherland helped an investment manager for several hedge funds negotiate ISDA master agreements, repurchase agreements and securities lending agreements and prime brokerage agreements for the funds.
Sutherland negotiates $15 billion trade for large insurer with two derivatives dealers.
Sutherland negotiated a first-of-kind OTC capital risk hedge of guaranteed minimum withdrawal benefits under a portfolio of variable annuity contracts on behalf of a large insurance company. The notional amount of these trades was approximately $15 billion.
Awards and Rankings
Named to The Best Lawyers in America in the area of derivatives and futures law (2006-2013)
Selected for inclusion in Washington, D.C., Super Lawyers® (2013)
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