Nathan A. Howell

Representative engagements include the following:

• Representation of market infrastructure providers on regulatory issues in connection with implementation of blockchain/distributed ledger technology throughout the clearing and settlement system.
• Representation of asset managers in connection with investments in cryptocurrency, initial coin offerings, and other digital asset investments.
• Representation of U.S. and non-U.S. self-regulatory organizations in connection with registration and exemption issues, rule filings, new product development, rulemaking petitions, banking relationships, industry bank capital and bankruptcy opinions, and various legislative and regulatory comment letters, petitions, and requests for interpretations and no-action letters.
• Counseling U.S. and non-U.S. commodity pool operators and commodity trading advisors in connection with registration, exemption, and compliance matters under the CEA and regulations of the CFTC.
• Counseling significant swaps market participants on major swap participant status under Title VII of the Dodd-Frank Act.
• Representation of derivatives dealers in connection with swap dealer registration, exemption, and compliance matters under Title VII of the Dodd-Frank Act.
• Counseling would-be swap dealers in connection with application of the Dodd-Frank Act “de minimis” swap dealer exemption.
• Representation of financial and commercial end-users on a variety of issues under Title VII of the Dodd-Frank Act, including swaps clearing and trading mandates, development of swaps policies, and negotiation of hedging arrangements.
• Advising commercial swaps end-users with respect to the “end-user exemption” under Title VII of the Dodd-Frank Act, including public company board approval requirements.
• Counseling swaps market participants on swap data reporting and recordkeeping requirements under Title VII of the Dodd-Frank Act.
• Advice to a variety of financial institutions on the jurisdictional boundaries between the CFTC and the Securities and Exchange Commission.
• Advice to U.S. and non-U.S. financial institutions on the extent of U.S. jurisdiction over swaps markets activities under the Dodd-Frank Act.
• Advice to major derivatives clearing organizations on Title VIII of the Dodd-Frank Act and the Principles for Financial Market Infrastructures issued by the Committee on Payments and Market Infrastructures and the International Organization of Securities Commissions.
• Advising clients on potential U.S. legislative and regulatory changes with respect to derivatives.