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R. Michael Sweeney, Jr.

Partner
Executive Committee Member
Gittings Global - NE111813

Michael is a Partner in the Energy group. He also serves as a member of the Executive Committee of Eversheds Sutherland (US) LLP.

Michael is widely recognized as an established thought leader in the energy and commodities sector on US commodity derivatives regulatory and policy issues, including the implementation of and compliance with the Dodd-Frank Act of 2010. He represents clients before the Commodity Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC), Federal Trade Commission (FTC), Department of Justice (DOJ), National Futures Association (NFA) and regulated futures exchanges (SROs) in the US and UK/EU.

Michael represents clients on significant strategic, commercial and regulatory matters, including the structuring build out and operation of integrated, global physical and financial energy and commodities trading operations in the US, UK/EU, Middle East and Asia. He routinely advises clients on transactional, commercial and regulatory matters related to international and domestic commodities and derivatives trading and product development. 

With respect to commercial matters involving commodities and derivatives trading in US markets, Michael advises energy firms and commercial market participants on a wide array of issues involving the structuring of trading desks and books, physical trading activities (including trading during price assessment periods and window trading), financial trading strategies ranging from block futures trading to exchange for related position transactions to asset optimization trading and the implementation of commercial hedging and proprietary trading strategies, as well as complex inter-affiliate physical commodity and financial transactions (including multi-product, off-take structures), various environmental commodity transactions and intermediated swap structures associated with renewable and clean energy infrastructure development. He counsels clients on compliance with SRO and federal speculative position limits and position aggregation issues, regulatory swaps reporting, the use of automated and high-frequency trading systems and environmental commodities regulation. Michael also works with clients registered with the CFTC/NFA, including swap dealers, commodity trading advisers, commodity pool operators and introducing brokers.

He has significant government investigations and enforcement experience that extends to a wide variety of contested proceedings in markets for energy products, agricultural commodities and commodity derivatives related to alleged market manipulation, position limits and hedge exemption abuse violations, disruptive trading practices, insider trading and other market behavior before the CFTC, FERC, FTC and DOJ (civil and criminal) and SROs, as well as handling market surveillance issues and special calls issued by the CFTC, internal investigations/spot checks and compliance audits by FERC and NFA. Michael also advises clients on litigated matters relating to energy commodity trading and transaction issues, including those involving force majeure claims.

In the energy regulatory sector, Michael has more than 25 years of experience representing clients before FERC involving merger/acquisitions and asset dispositions, corporate reorganizations, the creation of independent transmission companies and incentive transmission rate structures, creation of power trading compliance programs, compliance with applicable RTO/ISO wholesale power and natural gas market rules and authorizations.

  • Represents large North American energy producer in build of physical commodity and financial commodity derivative trading operations in the US, UK and Asia
  • Acted as lead counsel for energy marketing subsidiary of a major public utility holding company involving CFTC and DOJ investigation of alleged insider trading and front-running in electricity futures markets
  • Acts as lead counsel to energy companies in investigations and disciplinary matters brought by the CFTC and regulated exchanges involving alleged disruptive trading practices in markets for heating oil, uranium and cotton futures markets
  • Advises weather-derivatives swap dealer on CFTC and cross-border regulatory and transactional issues
  • Advises energy and commodity trading firms on compliance with applicable federal and exchange-set position limits regimes, as well as intermediaries in energy markets on commodity trading advice and introducing broker requirements
  • Acts a lead counsel to cross-sector companies viewed as the leading voice of the energy industry on derivatives reform matters under Dodd-Frank.
  • Chapter 9: Mandatory Clearing (2020-2014 Edition), OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
  • Impacts and Implications of the CFTC’s FinalRrule on Position Limits for Derivatives, Eversheds Sutherland (US) LLP Webinar, November 18, 2020
  • CFTC and Position Limits: Market Volatility, Economic Uncertainty and the Push to a Final Rule, June 8, 2020
  • Opinion: Is the CFTC Overreaching in Policing Foreign Policy Corruption?, Futures Industry Association, Market Voice, October, 28, 2019
  • Hedging in Natural Gas Markets, September 28, 2017, Commodity Futures Trading Commission, Division of Market Oversight
  • Named to The Best Lawyers in America in the area of energy law (2024) 
  • Recognized by The Legal 500 United States in the area of energy: regulatory (2015) and energy regulatory: electric power (2023)
  • Recognized as BTI Consulting Group’s Client Service All-Stars for delivering unsurpassed client service (2019, 2022)
  • Member, Energy Bar Association
  • Member, American Bar Association
  • District of Columbia
  • LL.M., George Washington University
  • B.A., St. Lawrence University
  • J.D., Capital University Law School
Gittings Global - NE111813
R. Michael Sweeney

Partner

Executive Committee Member

Gittings Global - NE111813
R. Michael Sweeney

Partner

Executive Committee Member

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