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Peter Y. Malyshev is a partner in the Financial Services Group. His practice focuses on regulatory, compliance and transactional matters relating to commodities, derivatives, and securities products regulated by the U.S. Commodity Futures Trading Commission (CFTC) and the U.S. Securities and Exchange Commission (SEC).
For over 25 years, Peter has assisted clients in the United States and overseas on numerous transactions involving over-the-counter and exchange-traded derivatives products in almost every asset class and market, such as: banking, financial institutions and insurance; agriculture, energy, mining, and emissions; transportation and infrastructure; interest rates and credit default swaps; foreign exchange, digital assets and fintech, precious metals and securities.
Peter assists various U.S. and non-U.S. derivatives market participants with formulating their risk management and regulatory compliance efforts under the Dodd-Frank Act of 2010, and CFTC’s and SEC’s regulations as well as cross-border application of U.S. regulations. These market participants include entities that require assistance with structuring risk management and hedging transactions, registering with the National Futures Association (NFA) or the CFTC in the appropriate category, or seeking an exemption from such registration. These entities include commodity pool operators (CTOs) and commodity trading advisors (CTAs); futures commission merchants (FCMs); introducing brokers (IBs); swap dealers (SDs) and major swap participants (MSPs); designated contract markets (DCOs); foreign boards of trade (FBOTs) and swap execution facilities (SEFs); non-U.S. intermediaries; commercial end users; and various derivatives or commodity traders. He also advises on compliance under self-regulatory organizations’ (SRO) rules, including the NFA, and U.S. and non-U.S. DCOs and trading facilities.
Peter is also part of Cadwalader’s ESG practice. He has a particular focus on the social and governance aspects of ESG as well as climate change mitigation. Recently, he has advised a large U.S. energy trader on the legal aspects of trading carbon credits and other green commodities and derivatives. Also, he has provided advice on disclosure aspects of ESG practices to a large agricultural trading firm, as well as assisted an industry organization to define a market solution to pricing pollutants and improving the governance of several industry participants to make it more inclusive and diverse.
Peter is the founder of derivatives and futures, as well as diversity, equity & inclusion and fintech subcommittees of the Washington DC Bar and is a former chair of the Washington DC Bar corporation finance and securities law community. A frequent speaker at industry conferences and a prolific writer, Peter is also an adjunct professor at George Washington Law School and Georgetown University Law Center, where he teaches classes on commodities and derivatives regulation as well as ESG and climate change issues.
Peter has been recognized by Chambers USA and by The Best Lawyers in America in recognition of his work in Derivatives and Futures Law. Peter has been recognized as a Lexology “Legal Influencer” for his general thought leadership and recently received a “Top Authors” recognition from the JD Supra Readers’ Choice Awards.
