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Advanced Swaps & Other Derivatives 2017


Speaker(s): Amanda Olear, Carol McGee, Dan M. Berkovitz, Debra W. Cook, Don J. Macbean, Gabriel D. Rosenberg, Gary Barnett, Geoffrey B. Goldman, Jamila A. Piracci, Jason Silverstein, John S. Servidio, Joshua D. Cohn, Kathryn M. Trkla, Katie Driscoll, Knox McIlwain, Laura Gardy, Lisa A. Shemie, Locke R. McMurray, Lucas Moskowitz, Mark H. Leeds, Mary P. Johannes, Matthew K. Kerfoot, Michael E. Mann, Michael S. Sackheim, Mike Gill, Peter A. Kals, R. Penifield Starke, Rosario Chiarenza, Thomas J. Smith, Wenchi Hu, William Thum
Recorded on: Oct. 24, 2017
PLI Program #: 180176

Jason S. Silverstein serves as General Counsel of Noble Markets, LLC.

Before joining Noble, Mr. Silverstein served as Executive Director & Associate General Counsel of CME Group where he advised CME’s clearinghouse and swap product teams.  He played a central role in developing the company’s solutions for the clearing of interest rate swaps and credit default swaps and was primarily responsible for drafting CME’s clearing rules.  He was also responsible for advising on customer protection and recovery, wind down & resolution issues.

Mr. Silverstein also previously served as Assistant General Counsel at JPMorgan Chase and as Associate General Counsel at Bear Stearns where he focused on the structuring and documentation of derivative products.  He began his career as an Associate in Clifford Chance US LLP’s financial products group, specializing in both derivatives and securitizations.

Mr. Silverstein holds a J.D. from Fordham University and a B.A. from Rutgers University. He is admitted to the bar in the state of New York and New Jersey.


Amanda Olear is Associate Director in the Managed Funds and Financial Requirements Branch in the Division of Swap Dealer and Intermediary Oversight (DSIO) at the Commodity Futures Trading Commission (CFTC).  Ms. Olear has worked at the CFTC since 2007 and has focused on the operations of commodity pool operators and commodity trading advisors.  She has served as the Rulemaking Team Lead for the CFTC’s recent rulemakings amending CFTC regulations 4.5 and 4.13, adopting Forms CPO-PQR and CTA-PR and harmonizing compliance obligations for commodity pool operators of registered investment companies.  Ms. Olear regularly advises members of the public regarding the application of Part 4 of the CFTC’s regulations.

Ms. Olear received her J.D., with honors, from the University of Maryland School of Law in 2004, where she was inducted into the Order of the Coif.


Carol McGee is the head of the Office of Derivatives Policy in the SEC’s Division of Trading and Markets.  In that role she directs rulewriting and other implementation projects relating to Title VII of the Dodd-Frank Act and the regulation of security-based swaps under U.S. law.  She also provides interpretive advice on the regulatory treatment of novel derivative products under the Exchange Act, and administers the new product provisions contained in the Dodd-Frank Act.  In addition, Ms. McGee is a part of the cross-divisional and interagency teams responsible for the Volcker Rule. 

She was previously a Partner at Alston & Bird LLP and the co-leader of its securities practice group.  Ms. McGee also served as Deputy Chief Counsel in the SEC’s Division of Corporation Finance.  Ms. McGee holds a J.D. from the University of Virginia, an M.Phil from the University of St. Andrews and a B.A., magna cum laude, from Wellesley College.


Dan M. Berkovitz was nominated by President Trump to serve as a Commissioner of the Commodity Futures Trading Commission on April 24, 2018. He was unanimously confirmed by the Senate on August 28, 2018 and sworn into office on September 7, 2018 for a five-year term expiring in April 2023.

Prior to his appointment, Mr. Berkovitz was a partner and co-chair of the futures and derivatives practice at the law firm of WilmerHale. He also was an Adjunct Professor at Georgetown University Law School, and vice-chair of the American Bar Association Committee on Futures and Derivatives.

Mr. Berkovitz served as General Counsel of the CFTC from 2009-2013. While serving in this role, he was the agency’s Deputy Representative to the Financial Stability Oversight Council (FSOC). Before the CFTC, Mr. Berkovitz was a senior staff lawyer for the U.S. Senate Permanent Subcommittee on Investigations. He also served as Deputy Assistant Secretary in the Department of Energy’s Office of Environmental Management.

Mr. Berkovitz obtained an A.B. in Physics from Princeton University and a J.D. from the University of California, Hastings College of the Law. He is married to Michelle and they have two children, Zoe and Eli.


Debra W. Cook is Managing Director and Deputy General Counsel of The Depository Trust & Clearing Corporation (DTCC). Her primary areas of responsibility include supporting the services of the OTC derivatives businesses globally.

Debra joined DTCC in 2005 upon the establishment of its Tampa office. Prior to that, she served as Counsel at Citigroup, starting at Solomon Inc, where she advised over-the-counter derivatives and foreign exchange trading businesses. Prior to working at Citigroup, Debra was an attorney for the Federal Reserve Bank of New York.

Debra received a B.A. from the College of William and Mary and her J.D. from the Washington College of Law at American University.


Gabriel D. Rosenberg is a partner in Davis Polk’s Financial Institutions Group and a member of the firm’s Regulatory Enforcement and Investigations and Trading and Markets practices. He advises financial institutions, corporations and industry groups on all aspects of financial regulatory issues, ranging from the impact of financial regulatory reform on business strategy to implementation challenges to enforcement and supervision.

Mr. Rosenberg advises on subjects including derivatives regulation, the Volcker Rule, capital and liquidity requirements and resolution planning. His practice also involves the use of technology to help market participants understand and comply with regulatory obligations and the impact of financial regulatory reform.

In addition to his full-time practice, Mr. Rosenberg is a frequent writer, commentator and lecturer on financial regulatory reform issues.  He is co-editor of the first comprehensive treatise on the new swap regulatory regime and has held academic appointments at Yale Law School, the Haas School of Business at U.C. Berkeley and the Yale School of Management.


Gary Barnett is the founder and CEO of Digital Capital Markets, LLC, an SEC registered broker-dealer and FINRA member.

Mr. Barnett is a former Deputy Director in the Division of Trading and Markets at the U.S. Securities and Exchange Commission, where he was responsible for (i) broker-dealer oversight, including capital, margin and segregation rules, governance and risk management; (ii) derivatives policy; (iii) certain trading practices; and (iv) Volcker.

Prior to joining the SEC, Mr. Barnett was the Commodity Futures Trading Commission’s Director of the Division of Swap Dealer and Intermediary Oversight. There he established the swap dealer registration and compliance programs, led the responses to the FCM and RFED crises following MF Global, including the reorientation of the exam program and the creation and adoption of the FCM customer protection rules, and formed DSIO’s CPO/CTA team and led many of its key initiatives.

Before joining the CFTC in 2011, he was a partner and head of the U.S. Derivatives and Structured Finance Practice Group at Linklaters LLP. Prior to Linklaters, he was a partner and co-head of the Securitization and Derivatives Practice at Shearman & Sterling LLP.

Mr. Barnett was an adjunct professor of law and taught Derivatives Regulation at Cornell Law School from 2012 through 2015, chaired PLI’s annual conference on New Developments in Securitization from 1995 through 2010, is co-Chair of the PLI annual conferences on fundamental and advanced swaps and other derivatives, and is a member of the New York, California and Oklahoma bars. 

 


Geoffrey B. Goldman is a partner in the New York office of Shearman & Sterling LLP.  Mr. Goldman’s practice focuses on derivatives, structured products and financial regulation.  He has extensive experience with structuring and documenting over-the-counter derivatives transactions, particularly credit and equity derivatives.  He has represented clearinghouses, trading facilities, repositories and other infrastructure providers for derivatives transactions and has advised industry groups in developing industry-standard documentation for derivative products.  He regularly provides advice with respect to commodities, securities and other regulatory issues related to derivatives and other financial products.

Mr. Goldman also has broad experience representing issuers and underwriters of synthetic and cash-flow collateralized debt obligation transactions.  He has advised clients on structuring public and private commodity pools.  Clients include major U.S. and foreign financial institutions, clearing organizations and trading facilities, derivatives infrastructure providers, corporate users of derivatives, hedge funds and industry groups.

Education

Columbia Law School, J.D., 1996
Stanford University, A.B., 1993

Bar Admissions/Qualifications

New York


John Servidio is a partner in Goodwin’s Real Estate Industry group and a member of its Capital Markets practice. Mr. Servidio represents banks, investment funds and issuers in structuring corporate derivative, equity and equity-linked capital market transactions. He assists clients with hedging structures involving equity, interest rate, foreign currency, energy and commodity derivatives. He also advises dealers, asset managers and corporate clients on resolving issues related to the Dodd-Frank Act, as well as Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) rules and regulations. In addition to transactions involving traditional securities and derivatives, Mr. Servidio advises clients on structuring investments in digital asset (cryptocurrency), distributed ledger (blockchain) and other financial technologies. 

Prior to joining Goodwin in 2018, Mr. Servidio was a partner at Winston & Strawn. His previous industry experience includes serving as assistant general counsel at a major bank and as an attorney in the legal department of another large investment banking firm. Before law school, Mr. Servidio was an analyst in the real estate group at a large commercial bank. He is a frequent author and speaker on swaps, derivatives and regulatory challenges facing banks and other financial institutions.


Josh Cohn provides derivatives dispute advisory and expert witness services.

Josh retired in 2016 as Partner and head of Mayer Brown’s US Derivatives & Structured Products practice and co-leader of the global Derivatives & Structured Products practice.  He concentrated his practice on derivatives, having extensive experience as US counsel to the International Swaps and Derivatives Association (ISDA), and representing dealers and end-users in a wide range of transactions.

Josh’s positions in years prior included, Partner, Allen & Overy, Derivatives Counsel, Cravath, Swaine & Moore and Senior Vice President and General Counsel, DKB Financial Products, Inc.

Josh has been listed for derivatives law in The Best Lawyers in America, IFLR 1000 and The Legal 500.  Josh has been ranked band 1 in Chambers USA since 2008, having been characterized in  the years since as “a derivatives oracle,” “ luminary” and “doubtless one of the best derivatives lawyers in the world.”

Josh is on the P.R.I.M.E. Finance Panel of Recognized International Market Experts in Finance.


Kathryn M. Trkla is a partner at Foley & Lardner LLP. She works on a variety of matters for futures commission merchants and securities brokerage firms, institutional investors, professional trading firms, commercial hedgers, domestic and foreign exchanges, clearing houses, and other clients. Ms. Trkla has close to 35 years’ experience in the derivatives and securities industries, including 11 years with the Chicago Board of Trade (CBOT) where she was senior vice president and associate general counsel before joining Foley in 2000. She is a member of the firm’s Securities, Commodities & Exchange Regulation Practice within the Securities Enforcement & Litigation Practice, and the firm’s Blockchain Task Force and Business Law Department.

Ms. Trkla’s experience ranges from representing clients on matters before the Commodity Futures Trading Commission, Securities and Exchange Commission and self-regulatory organizations; analyzing regulatory proposals; counseling clients on the implications of legislative and rule changes; and providing general regulatory counsel. Her deep experience and background qualify her to provide a broad and unique perspective on the issues and regulations facing the financial markets and market participants.

Ms. Trkla is a Vice Chair of the ABA Derivatives & Futures Law Committee, Co-Chair of the ABA Part 190 Subcommittee (which developed and submitted to the CFTC comprehensive proposed amendments to the CFTC Part 190 Commodity Broker Bankruptcy Rules), and Chair of the ABA Innovative Digitized Products and Processes Subcommittee. She is a recent past member of the FIA Law & Compliance Division Executive Committee. She has written on diverse matters ranging from regulation of derivatives markets and derivatives clearing, to commodity broker bankruptcies. She is a frequent speaker on those topics on continuing legal education panels at PLI, ABA and FIA events.

Ms. Trkla received her J.D. from Northwestern University School of Law and her B.A. from the University of Chicago. 


Knox McIlwain’s practice focuses on the regulation, resiliency and resolution of financial institutions, particularly global systemically important banks.

With experience in a broad array of financial company resolution regimes and related regulatory frameworks in the U.S., Europe and elsewhere, Knox helps clients with global business models navigate divergent and at times conflicting local regimes. He advises clients on a wide range of topics, from the structure of TLAC bonds and global resolution strategies to the rights of creditors and evolving regulatory requirements.

Knox frequently works with clients on effective engagement with regulators, including responding to regulatory proposals and advocating for regulatory changes.

Knox joined the firm in 2007 and became counsel in 2017.

Notable Experience

  • The International Swaps and Derivatives Association on all aspects of the ISDA Resolution Stay Protocols.
  • The Institute of International Bankers on its advocacy efforts regarding the Federal Reserve’s total loss-absorbing capacity (TLAC) rules for non-U.S. banks and related tax guidance issued by the Internal Revenue Service.
  • Major banks and buyside entities on the stays on the exercise of contractual early termination rights imposed under various special resolution regimes in the U.S., Europe and elsewhere, including related regulations on the terms of such early termination rights.
  • Dealer and buyside market participants on creditors’ rights and financial company insolvency matters regarding the Orderly Liquidation Authority provisions of the Dodd-Frank Act, the Federal Deposit Insurance Act, the Bankruptcy Code, the New York State “ring fence” and the European Bank Recovery and Resolution Directive.
  • Various major asset managers on creditors’ rights and regulatory compliance issues related to swaps transactions with global dealer banks and investments (eg, purchases of TLAC instruments) in such banks.


Laura Gardy is an Associate Director in the Registration & Compliance Group in the Division of Swap Dealer and Intermediary Oversight (DSIO) at the Commodity Futures Trading Commission (CFTC).  Ms. Gardy worked for the CFTC from 2002 through 2012 in enforcement and in the offices of Commissioners Chilton and O’Malia.  Ms. Gardy returned to the CFTC in her current role in 2015 after three years with the Office of the Comptroller of the Currency’s Securities and Corporate Practices Group.   Ms. Gardy and her team work collaboratively with NFA and with fellow operational divisions within the CFTC to address and provide guidance on issues relating to swap dealer and futures commission merchant registration and compliance.

Ms. Gardy received her undergraduate degree from Cornell University and her J.D. from Washington and Lee University School of Law.


Lisa A. Shemie is an Associate General Counsel with Cboe Global Markets.  In her role, Ms. Shemie advises on all matters relating to foreign exchange, including related CFTC regulation, and has particular responsibility for the Cboe FX entities, including the Hotspot electronic communications network and swap execution facility.  Alongside her day-to-day role, Ms. Shemie is Cboe Global Markets’ representative on the Financial Markets Lawyers Group, and plays a key role as a member of the Policy Committee of the Foreign Exchange Professionals Association.

Ms. Shemie brings more than 15 years of legal experience in financial services to her role. Previously, Ms. Shemie spent ten years with JPMorgan in its derivatives practice group, serving as an Executive Director and Assistant General Counsel. There, she served as a principal foreign exchange and derivatives lawyer supporting JPMorgan’s Corporate and Investment Bank, and was responsible for the bank’s implementation of the Dodd-Frank Act as it related to the firm’s foreign exchange businesses. Ms. Shemie led a team of  lawyers and documentation specialists responsible for the negotiation of all of the master derivatives, clearing, futures, repo and securities lending documentation relating to JPMorgan’s relationships with its clients in the Americas, and she led New York based legal advice for the bank’s emerging markets clients, supporting the bank’s derivatives businesses in Latin America.

Before joining JPMorgan, Ms. Shemie served as a Senior Vice President and Associate General Counsel at the Royal Bank of Scotland, where she was a principal attorney supporting the foreign exchange, commodities and interest rate derivatives desks. She spent a further three years at Intesa San Paolo, a Milan-based Italian bank, where she was the bank’s sole in-house counsel to the New York-based Structured Finance Group.

Ms. Shemie holds a B.C.L. and LL. B. from McGill University in Montreal, Canada. She is admitted to the New York State Bar and the Barreau du Québec. Ms. Shemie speaks Portuguese, Italian and French fluently.


Locke McMurray’s practice focuses on derivatives, securitization and other financial products and spans the full spectrum of transactional, regulatory and dispute resolution matters.  He is a founding member of Jones Day’s LIBOR transition task force and also currently advises numerous clients on the “qualified financial contract” (QFC) regulations and protocol. 

Locke regularly counsels clients, including foreign and domestic financial institutions, financial market utilities (FMUs) and corporate clients, on ISDA and other documentation for swaps and other financial products, credit facility hedging and regulation of swaps, security-based swaps, futures and “commodity pools” under Dodd-Frank and the Commodity Exchange Act.  He also advises clients on the regulatory and commercial law status of blockchain “tokens” and participated in a foundational study of public key infrastructure in the early 1990s. 

Locke additionally analyzes financial transactions from a litigation perspective, particularly in relation to derivatives termination and valuation questions, the Uniform Commercial Code, fraudulent conveyances and the rights and obligations of various securitization deal participants, including investors, collateral managers, trustees and swap counterparties.  He has vast experience in rendering legal opinions on a variety of bankruptcy, derivatives and secured transaction matters. 

Prior to Jones Day, Locke spent more than 15 years as in-house counsel at a variety of banks, where he held such roles as global head of legal for rates trading, fixed income and equity derivatives and securitization and head of derivatives legal at the Lehman Brothers Chapter 11 estates.


Rosario Chiarenza is an Executive Director and Head of Regulatory Reform Strategy in the Legal and Compliance Division where he focusses on planning and implementing regulatory change initiatives as well as overseeing the global swap dealer program. Previously, Mr. Chiarenza was a member of the Barclays’ legal department where he focused on Dodd Frank Title VII regulation and implementation across the investment bank franchise and counsel at ISDA where he covered US regulatory and policy matters both at the federal and state level. Mr. Chiarenza has also worked in the Structured Finance Practice Group at Weil, Gotshal & Manges LLP.

Mr. Chiarenza graduated from Johns Hopkins University and received his law degree (magna cum laude) from the Benjamin N. Cardozo School of Law, where he was an articles editor of the Cardozo Law Review.


Tom Smith is a Deputy Director in the Division of Swap Dealer and Intermediary Oversight of the Commodity Futures Trading Commission.  Tom’s primary responsibilities include capital, margin, segregation, and financial reporting requirements for futures commission merchants, swap dealers, major swap participants, and introducing brokers.

Tom joined the Commission in 1992 and has worked in various capacities including as an Attorney Advisor in the Office of Proceedings where he worked on adjudicatory matters, and as a Special Counsel in the Division of Trading and Markets where he worked on issues concerning futures commission merchants, clearing organizations and contract markets.  Tom spent several years in public accounting prior to joining the Commission.


William Thum is a principal in Vanguard’s Office of the General Counsel and global head of the Derivatives, Securities Financing, and SMA Group. He chairs the Investment Company Institute’s Derivatives Market Advisory Committee and is a former chair of the Steering Committee of SIFMA’s Asset Management Group. He speaks at ISDA, SIFMA, and ICI conferences, among others, and has written many articles on derivatives issues. Mr. Thum works with global regulators, trade associations, and service providers in developing the new global architecture and regulatory framework for derivatives.

Before joining Vanguard in 2010, he was a partner with Fried, Frank, Harris, Shriver & Jacobson LLP, where he concentrated on derivatives regulatory issues and trading agreements. From 1998 to 2007, he was head of institutional securities documentation at Morgan Stanley. Previously, he held similar positions at UBS and BNP Paribas in New York and at Kleinwort Benson in London and was involved in the drafting of the foundational derivatives master agreements and product definitions.

Mr. Thum earned a B.A. in international relations and economics from Bucknell University and a J.D. from American University Washington College of Law. He is admitted to the bar in New York and Pennsylvania.


Mr. Moskowitz served as Chief Investigative Counsel of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where he led the Committee’s investigative and oversight activities in connection with a wide variety of banking, securities, housing, and insurance matters.  Before joining the Senate Banking Committee staff, Mr. Moskowitz served as a counsel on the Financial Services Committee of the U.S. House of Representatives, where he worked on legislative and oversight matters to strengthen U.S. capital markets and promote capital formation.

Previously at the SEC, Mr. Moskowitz served as a counsel to former Commissioner Daniel Gallagher, advising him on domestic and international policy issues and regulatory matters. Mr. Moskowitz also served as an attorney in the Division of Enforcement.

Mr. Moskowitz began his government service as a law clerk to U.S. District Judge Richard M. Berman of the U.S. District Court for the Southern District of New York.  Before and after his clerkship, Mr. Moskowitz practiced securities law in the Washington, D.C. office of Wilmer Cutler Pickering Hale and Dorr LLP.

Most recently, Mr. Moskowitz was a managing director at Patomak Global Partners LLC, where he provided consulting services to financial services firms and public companies on regulatory and compliance matters.

Mr. Moskowitz received his B.A. in Politics from Princeton University and his J.D. from Georgetown University Law Center.


Ms. Johannes is Principal of Johannes Advisory Services and has extensive experience in developing public policy strategy and managing legislative and regulatory issues for the financial services industry.   Prior to forming Johannes Advisory Services, Ms. Johannes led ISDA’s industry-wide OTC margin rules initiative, developing and coordinating advocacy and implementation strategies within the industry.   She joined ISDA in 2009 as Senior Director and Head of US Public Policy.   Ms. Johannes served as Director of Federal Agencies Relations for Freddie Mac and as Legislative Manager for Financial Services for Ford Motor Credit Company.   She started her career as a regulatory counsel with the American Bankers Association and was an enforcement attorney for the Board of Governors of the Federal Reserve System. 

Ms. Johannes is a graduate of the Washington College of Law and of Hope College.


Recognized by Chambers as an “outstanding” corporate lawyer, Matthew K. Kerfoot is a partner in Dechert’s Global Finance practice. Mr. Kerfoot focuses his practice on fund finance, synthetic finance and other complex financial transactions and structured products.

Mr. Kerfoot advises both lenders and borrowers on subscription facilities, NAV facilities, hybrids, private equity LP financing platforms, SPV/ABL facilities, structured repurchase agreements, TRS financings and other types of fund finance and structured transactions. Mr. Kerfoot has advised Morgan Stanley, JP Morgan, UBS, Barclays, Credit Suisse, Apollo, Ares, StepStone and GSO, among other global financial institutions.

Chambers adds that Mr. Kerfoot is “endlessly creative and thoughtful on all sorts of complex issues.” Legal 500 has recognized Mr. Kerfoot’s representation of leading banks as part of his fund finance practice, and lauded him as “a dynamic talent.”

Mr. Kerfoot is also the Chair of PLI’s Fund Finance Conference. He has written numerous articles on fund finance and investment leverage and is a contributing author to Fund Finance, Third Edition, published by Global Legal Group. Mr. Kerfoot is often cited as an authority on finance and related matters in the Financial Times, Wall Street Journal, Reuters, Bloomberg and various other publications.

Prior to joining Dechert, Mr. Kerfoot was a senior banker at HSBC, where he structured and marketed committed and uncommitted financing solutions to investment manager clients.


Mark H. Leeds is a tax partner with the law firm of Mayer Brown.  Mark’s professional practice focuses on the tax consequences of a variety of capital markets products and strategies, including over-the-counter derivative transactions, swaps, tax-exempt derivatives, strategies for efficient utilization of tax attributes as well as advising on crossborder tax issues.  Prior to joining Mayer Brown, Mark was a shareholder at another international law firm, and a Managing Director and Senior Tax Counsel with Deutsche Bank AG in New York.  At Deutsche Bank, Mark led the Tax Counsel function within Group Tax of the Americas.  Mark is also a recipient of the 2015 Burton Award for Distinguished Legal Writing.  Prior to joining Deutsche Bank, Mark served as the general counsel of a credit derivative company and, prior to that, Mark was a partner at Deloitte & Touche where he led the Capital Markets Tax Practice. Mark began his professional career as a tax associate, first at Skadden Arps, and then at Weil Gotshal.

Mark is a graduate, magna cum laude, of the Boston University School of Law (1984), and holds a Bachelor of Arts, cum laude, from Binghamton University, in Economics (1981).  Mark also holds an LLM in taxation from New York University (1990).

Mark is a frequent writer and speaker on tax topics affecting the Capital Markets.  Some of his recent articles include: Author, Stress Relief: IRS Notice 2016-76 Eases Implementation Rules for Cross-Border Dividend Equivalent Withholding (December 2016); Author, Bits & Pieces: IRS Notice 2016-42 Offers First Glimpse of Qualified Derivatives Dealer Rules (July 2016).


Wenchi Hu is a public director of OneChicago LLC, a security futures exchange, and an independent consultant.  She specializes in the intersection of technology and financial regulation, including new asset classes, new products and services that implicate regulatory issues, risk management, regulatory compliance, and financial market infrastructure technology.

She was previously a partner in the New York and Washington, D.C. offices of Latham & Watkins, where she worked with financial institutions, technology companies, market infrastructures, and start-up companies on a wide range of regulatory issues, ranging from crypto-assets, digitization, to regulation of securities trading platforms, clearing services, post-trade processing, and market infrastructure in the context of distributed ledger technology, and to self-regulatory organization regulatory regime, Regulation Systems Compliance and Integrity compliance, and technology outsourcing risk management and regulatory compliance.

Prior to joining Latham & Watkins, she was an Associate Director and head of the Office of Clearance and Settlement Supervision in the Division of Trading and Markets at the Securities and Exchange Commission (SEC). As part of that role, she oversaw clearing agency registration, rule filings and advance notices, requests for no-action relief, exemptive relief by registered clearing agencies, and clearing agency risk management and supervision. She is an expert in post-trade processing, clearance and settlement, and infrastructure technology matters involving a multitude of products across the securities markets. She is a member of the Federal Reserve Bank of Chicago's Working Group on Financial Markets and a frequent speaker on financial regulatory and technology innovation topics.


Don J. Macbean represents financial institutions and other participants in a wide range of structured finance and derivatives transactions. His practice encompasses structured energy and commodity-related transactions, project finance and development, renewable energy, cash-flow and market-value collateralized loan obligations, credit-linked notes, and structured derivatives transactions. Don frequently represents clients on a variety of financing transactions, and has extensive experience advising clients with respect to master agreements, credit support arrangements and hedging structures.


Jamila Piracci joined NFA in 2011 from the Federal Reserve Bank of New York, where she was an attorney with a primary focus on orderly liquidation authority and resolution planning under the Dodd-Frank Act, as well as on market and other developments pertaining to OTC derivatives. Prior to joining the Reserve Bank, Jamila spent nearly a decade advising a range of OTC derivatives market participants, including dealer banks,    investment managers and energy firms. The focus of her transactional and advisory work was in the interest rate, commodity and credit derivatives areas, and she acted as deal counsel for structured derivative programs, including cash and synthetic CDOs and CLOs. Jamila also was an Assistant General Counsel at ISDA, where she chaired working groups developing market documentation and best practices primarily in the credit derivatives area. Jamila received her bachelor's degree from Harvard-Radcliffe College at Harvard University. She received her MBA from the S.C. Johnson Graduate School of Management at Cornell University and her JD from Cornell Law School. Jamila has written a number of articles and has spoken frequently on issues pertaining to OTC derivatives.


Katie Driscoll has been Associate Chief Counsel of the CFTC’s Division of Swap Dealer and Intermediary Oversight (DSIO) since 2015. Before that, she was Associate Director for DSIO’s Registration & Compliance branch. In 2013, Ms. Driscoll served as counsel to then Chairman of the CFTC, Gary Gensler. Ms. Driscoll played a significant role in drafting the CFTC’s swap dealer external business conduct standards rules and has had primary responsibility for several intermediary recordkeeping rulemakings. Ms. Driscoll began her career at the CFTC in the Division of Enforcement and, prior to joining the CFTC, was in private practice, specializing in commercial and bankruptcy litigation.


Michael Mann is a senior vice president and tax counsel at HSBC Bank USA, supporting the Global Banking and Markets business. Prior to working at HSBC, Michael spent five years at another financial institution and was an associate at Sidley Austin LLP for seven years.


Michael Sackheim is senior counsel in the New York office of Sidley Austin LLP where he concentrates on derivatives regulatory, transactional and enforcement matters.  Michael is a past Chair of the New York City Bar Derivatives Regulation Committee, and he is the managing editor of Futures & Derivatives Law Report (Thomson Reuters, publ.).  Michael is also the co-editor of a new legal treatise, The Virtual Currency Regulation Review (November 2018, Law Business Research Ltd).


Mike Gill is Chief of Staff to U.S. Commodity Futures Trading Commission (“CFTC”) Chairman Christopher Giancarlo. Through a Commission order, Mike has been designated as the Chief Regulatory Reform Officer for the CFTC whereby he is leading an agency-wide review of its rules, regulations, and practices to make them simpler, less burdensome, and less costly.  He is also responsible for coordinating the hiring, development and evolution of the Commission’s fintech initiative, LabCFTC.  Previously, Mike was an attorney with Crowell & Moring, LLP, where the majority of his work was concentrated in the energy and financial service sectors. From January 2015 to August 2016 he was a member of the CFTC’s Energy and Environment Markets Advisory Committee. Mike also has a legislative background having served on the staff of Senator John C. Danforth (R-MO), Representative Paul Gillmor (R-5th District, Ohio), and Representative Jim Greenwood (R-8th District, Pennsylvania). Mike's pro bono experience includes representing undocumented juveniles through the Kids in Need Defense (“KIND”) program before state and federal courts. He also volunteers for the Archdiocesan Legal Network. In 2016, Mike was nominated by District of Columbia Mayor Muriel Bowser and confirmed by the city council to a board position at the D.C. Board of Elections.  He is a licensed practitioner of both the Washington, D.C., and Maryland Bars. Mike received his Bachelor of Arts degree in Economics from the University of Dayton, a Master’s degree in Government from The Johns Hopkins University, and his J.D. from The Catholic University of America. Mike, his wife Kristina, and their three children live in Washington, D.C.


Pen Starke is the Assistant General Counsel for Receivership Section in the FDIC's Legal Division. He has worked on receivership operations issues at the FDIC during the past 20 years and specialized in the treatment of qualified financial contracts in FDIC receiverships since FIRREA. In 2010, he worked with congressional staff on the orderly liquidation authority leading up to the passage of the Dodd-Frank Act and is responsible for the ongoing implementing the FDIC's regulations on the OLA.


Peter Kals is Special Counsel in the Office of Brian Quintenz of the Commodity Futures Trading Commission.  Prior to joining Commissioner Quintenz’s office, Peter was Special Counsel in the Commission’s Division of Clearing and Risk, where his primary responsibilities included matters involving the swap clearing requirement and supervision of derivatives clearing organizations.  Peter joined the Commission in 2009.  Prior to joining the Commission, Peter worked in private practice.