With deep understanding of a dynamic and highly regulated area of the law, David McIndoe advises clients on derivatives, commodities, structured products and related capital market transactions. His experience addresses all aspects of these exchange-traded, bilateral and structured transactions, including regulatory, compliance, dispute, enforcement and litigation matters on behalf of energy firms, commodity traders, investment banks, private equity and hedge funds, commercial end users, pension funds, credit unions, asset managers and pooled investment funds.
David is playing 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) and other agencies and advises his clients on compliance, enforcement and transactional matters impacted by Title VII of Dodd-Frank.
David advises clients on a wide range of structured investment products and commodity transactions, and he has established trading relationships under master agreements (e.g., ISDA, EEI, NAESB, IFEMA, Scota, etc.) and bespoke arrangements.
REPRESENTATIVE EXPERIENCE
David’s recent representative experience includes:
- Representing energy companies before the CFTC and other agencies in derivatives regulatory rulemaking proceedings promulgated by Title VII of Dodd-Frank.
- Representing dealers, end users and special purpose vehicles (SPVs) in numerous hedging and credit transactions, including commodity, credit, equity, foreign exchange and interest rate trades.
- Advising clients on energy commodity transactions, including wind and revenue hedges, heat rate options and full requirement transactions.
- Representing corporate issuers in accelerated share repurchases and synthetic puts.
- Structuring investment products, including index and credit linked notes, and synthetic, hybrid and bespoke collateralized debt obligations (CDOs).
- Representing clients in innovative credit-sleeve transactions for energy commodities.
- Negotiating multiple-party netting agreements, repurchase agreements, third-party custodian arrangements, tracking accounts, security forward agreements, and securities lending arrangements utilizing unique collateral arrangements.
- Advising clients regarding registration requirements for commodity pool operators and commodity trading advisers.
- Resolving close-out disputes and trades with insolvent counterparties.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Managed Funds Association
- Member, Futures Industry Association
- Member, American Bar Association
- Member, Energy Bar Association
- Member, ISDA North American Committee on Equity Derivatives
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Speaker, “Current Issues in Energy Trading Agreements,” 2012 Sutherland Webinar Series: Electric Cooperative Issues (September 11, 2012)
- Speaker, Sutherland Quick Call: “CFTC Final Swap Dealer and Major Swamp Participant Definitions” (May 30, 2012)
- Speaker, Sutherland Private Fund Advisers Team Quick Call (April 17, 2012)
© 2013 Sutherland Asbill & Brennan LLP
