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In-House
Attorney
Corporate
Litigation - Whistleblower - CFTC
Min 5 yrs required
Senior Attorney / Derivative Attorney The candidate will provide legal advice relating to derivative transactions, investment adviser regulatory issues and trading documentation, as well as performs monitoring activities and other duties to ensure mutual fund and institutional account compliance with various US and foreign law legal and regulatory requirements, and that compliance reviews are completed according to established procedures. Will review, draft and negotiate OTC derivative and securities trading agreements, including ISDA Master Agreements, Credit Support Annexes, Master Confirmation Agreements, Master Forward Securities Transaction Agreements, CFD agreements, Account Control Agreements; prime brokerage agreements, repo agreements, securities lending agreements. Review, draft and negotiate cleared derivative agreements, including Clearing Addendums with FCM Agreements and Execution Agreements with executing brokers as well as European equivalent cleared derivative agreements with dealers. Advise on SEF trading access and assistance with completion of agreements governing adherence and selection of SEF. Review, draft and negotiate agreements for execution and clearance of listed securities options, including standard options agreements and Account Control Agreements. Coordinate execution and maintenance of listed options and PB agreements and agreements for trading of derivatives as well as related trade confirmations. Advise on legal and regulatory issues arising from initiation to termination of derivatives and prime brokerage arrangements. Responsible for compliance with Commodity Pool Operator/Commodity Trading Advisor (CFTC rules 4.5/4.13(a)(3)), including continued testing of CPO/CTA tests, review of sub-advisory agreements to ensure appropriate monitoring; filing of CPO and CTA exemptions with National Futures Association and certification thereof; and monitor CPO/CTA registration status and rule changes. Coordinate legal relationship with all trading partners and exchanges, including foreign. Liaise with mutual fund accounting, compliance, operations, and trading departments. Provide advice with respect to Dodd Frank regulations, documentation and protocols, close out netting procedures, collateral posting and receipt, various credit issues, regulatory requirements under EMIR and other foreign derivative rules as well as related ISDA protocols. Review and revise disclosure documents for changes in derivative contracts and procedures. Monitor regulatory activity for derivative and exchange rule changes and developments. Assist with development of written supervisory procedures and monitoring trading desk activities to ensure compliance with internal procedures. Provide requested information to various regulatory bodies and assistance with regulatory and SRO examinations. Assist with development of compliance programs related to derivatives, including programs related to foreign requirements and holdings.
Qualification and Experience
The candidate should have a J.D. degree from an accredited US law school with strong academic credentials. Current member in good standing on at least one State Bar is essential. Must have 5+ years of experience with a large, national law firm, swaps dealer, FCM or investment management organization. Should also have 3+ years of ISDA Master Agreement documentation negotiation experience. Working knowledge of Dodd-Frank, the Commodity Exchange Act and CFTC regulations (particularly those relating to regulation of CTAs and CPOs) and the Investment Advisers Act of 1940 is essential. Knowledge of InvestOne and/or Charles River a plus.
Tracking Code: 470-732
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