KATE LASHLEY is a partner in the Securities Enforcement and Regulatory practice, which received the 2019 Chambers USA Award for “Financial Services Regulation Firm of the Year,” and which was named the “Law Firm of the Year” for Securities Regulation in 2020 and 2017 by U.S. News – Best Lawyers. She is also a member of Sidley’s OTC Derivatives industry group. Kate advises a wide range of clients (including buy-side, sell-side and market intermediaries) in all aspects of their derivatives trading, documentation and regulation. Kate has extensive experience advising both regulated entities and end users on regulatory and compliance issues relating to the Commodity Exchange Act and the Dodd-Frank Act.
Kate’s recent work includes:
- Assisting a broad range of financial institutions, including swap execution facilities (SEFs), introducing brokers and swap dealers, with CFTC registrations and the development of compliance and supervisory policies and procedures.
- Counseling swap market participants on the complex regulatory issues arising in cross-border derivatives transactions.
- Advising on questions relating to the regulatory characterization of derivatives transactions.
- Representing SEFs and other trading platforms in the development of new products and trading protocols and in ongoing regulatory and compliance matters.
- Counseling financial end users on the initial and variation margin requirements for uncleared swaps, including analysis of regulatory status under the rules, calculation of AANA thresholds and negotiation of related documentation.
- Drafting and negotiating swap documentation in connection with a variety of bespoke derivatives transactions, including insurance-related transactions.
- Building out the documentation suite for a new FX product offering.
- Designing and implementing hedging programs for commercial end users, including through the use of treasury affiliates.
- 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.
- Advising banking entities on the impact and implementation of the Volcker Rule’s proprietary trading provisions.