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David T. McIndoe

Partner

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Languages: French

Gittings Global - NE111808

David is co-head of the Eversheds Sutherland (US) Energy and Commodity Trading Team.

He combines two sophisticated practices in transactional and regulatory matters to advise clients on commodities trading, commodities trade finance, structured transactions, fund formation, and derivatives. Based in Washington DC, his practice is at the forefront of developments at the Commodity Futures Trading Commission, derivatives exchanges, and other federal, state and international regulators. David also advises firms about competition issues in the context of commodity transactions.

  • Assists fund managers in the establishment of on-shore and off shore funds for the investment of environmental commodities and related derivatives.
  • Advising a developer of approximate 370-mile multi-state electric transmission merchant project.
  • Advises firms with respect to standard commodity trading documentation, including security agreements, letters of credit, guaranties and documents of title.
  • Represents firms in the structuring, issuance and listing of digital assets and in the use of blockchain and distributed ledger technology in commercial operations.
  • Represents firms with respect to obligations as swap dealers, commodity trading advisors, commodity pool operators, or introducing brokers.
  • Advises commercial firms and trading companies on CFTC and exchange enforcement and compliance issues.
  • Acted as lead counsel for several of the largest energy companies and commodity trading firms regarding derivatives reform under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and similar developments in other countries.
  • Provides compliance training regarding developments in regulation and enforcement trades.
  • Provides counsel regarding the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and derivatives reform under European law (e.g., EMIR, MiFID, REMIT).
  • Represents commercial firms and trading companies on CFTC enforcement and compliance issues, and represents firms with respect to obligations as commodity trading advisers or commodity pool operators.
  • Assists clients in establishing trading relationships under master agreements (e.g., ISDA, EEI, NAESB, MSFTA, MRA, etc.) and bespoke arrangements and the execution of transactions thereunder.
  • Counsels clients on a variety of transportation, storage and related services agreements.
  • Represents clients in complex commodity financing and supply transactions, including reserved-based credit facilities and lien-secured hedging transactions.
  • Assists clients with infrastructure transactions including public-private partnerships.
  • Advises clients in connection with structured supply facilities, powerplant tolling agreements, heat rate calls, energy management agreements and wind derivatives.
  • Advises clients on a wide range of physical and financial trading transactions, with an emphasis on energy, metal and agricultural commodity transactions.
  • Proprietary Trading Firm Issues, April 28, 2022, FIA L&C 2022
  • CFTC and Position Limits: Market Volatility, Economic Uncertainty and the Push to a Final Rule, June 8, 2020
  • Webcast: Blockchain and distributed ledger technology – cryptoassets and corporate uses, September 5, 2018, Association of Corporate Counsel’s (ACC) Energy Network
  • Direct Investment in Commodity Deals – Structures and Legal Issues, July 25, 2018, The Regulatory Fundamentals Group 
  • Chapter 9: Mandatory Clearing (2020-2014 Edition), OTC Derivatives Regulation Under Dodd-Frank: A Guide to Registration, Reporting, Business Conduct, and Clearing, Thomson Reuters
  • 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 structured finance: derivatives and structured products (2021-2023)
  • Recognized as a Thomson Reuters Stand-out Lawyer (2022-2023), an independent, client-driven recognition
  • Recognized as BTI Client Service All-Stars (2022) 
  • Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2018-2019)
  • Member, Derivatives and Futures Law, ABA Business Law Committee
  • Board of Directors, Commodity Markets Council
  • Member, Futures Industry Association
  • Member, Energy Bar Association
  • District of Columbia
  • Virginia
  • B.A., Dartmouth College
  • J.D., Washington and Lee University School of Law
Gittings Global - NE111808
David McIndoe

Partner

Gittings Global - NE111808
David McIndoe

Partner

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