Reed Smith LLP today announced the addition of Peter Y. Malyshev to its global Energy and Natural Resources (ENR) Industry Group. Malyshev joins the firm as a partner in its Washington, D.C. office. Previously, Malyshev led the Commodities Future Trading Commission (CFTC) practice at Latham & Watkins.
With a practice that focuses on regulatory, compliance and transactional issues related to commodities, securities and derivatives products, Malyshev is widely regarded as a market leader in the CFTC regulatory space.
“Peter is a well-established mover and shaker in international commodities and derivatives law,” said Reed Smith ENR chair Kyri Evagora in London. “A market leader in guiding new registered entities through the registration process, Peter is particularly well-recognized for his work with exchanges and electronic trading platforms, and innovative derivatives products and his arrival underlines our firm’s commitment to offering exceptional CFTC, SEC and FERC regulatory services to our derivatives, energy and commodities clients.”
Since 2008, Malyshev actively assisted market participants in drafting and commenting on proposed derivatives legislation in the U.S. Congress that subsequently became the Dodd-Frank Act of 2010. As part of these efforts, Malyshev is actively engaged in various matters with the National Futures Association (NFA) and the Financial Industry National Regulatory Association (FINRA).
For almost two decades, Malyshev has represented some of the world’s largest energy and commodities clients in compliance with the CFTC regulations and the implementation of Dodd-Frank and related CFTC and SEC rulemakings, and counselled them on their many impacts on these markets.
Malyshev’s clients include swap execution facilities (SEFs); swap data repositories (SDRs); swap dealers and major swap participants, including end-users; futures commission merchants, brokers, and designated contract markets (DCMs); derivatives clearing organizations (DCOs) and clearing agencies; “special entities,” including commodity pool operators (CPOs) and commodity trading advisors (CTAs); and industry trade associations. These entities include non-U.S.-based entities that require assistance with extraterritoriality and inter-affiliate transactional application of the CFTC and SEC regulations, such as foreign boards of trade (FBOTs), non-U.S. intermediates and foreign regulators.
The newly arrived Reed Smith partner further assists clients in achieving, and sustaining, day-to-day compliance with CFTC regulations. Such matters often include aggressive enforcement actions, in which the CFTC and other agencies investigate allegedly manipulative and fraudulent schemes involving financial and physical commodities trading.
His experience also extends to negotiating master agreements involving various financial and physical commodities, energy sale and purchase agreements, and energy optimization and management agreements, as well as providing advice on credit arrangements for asset acquisitions, including energy portfolios.
“Reed Smith’s well-established global reach across the U.S., EU, the Middle East, and Asia is an asset in an commodities market increasingly focused on exchange traded activities,” said Malyshev. “The firm’s Washington D.C. office affords me a unique platform to serve clients in the derivatives and commodities sector, wherever they are engaged, and whatever legal resources are needed.”
A 1996 graduate of University of the Pacific McGeorge School of Law, Malyshev earned an LLM in Financial Regulations from Georgetown University Law School in 2002. He also holds an MA from California State University, Sacramento, and a BA from Moscow State University.
A partner at McDermott Will & Emery from 2002 until 2009, Malyshev left that firm to join Winston & Strawn, where he remained until he joined Latham & Watkins in 2011. Malyshev has also worked for international law firms in Moscow, London, D.C., and San Francisco.
Malyshev’s experience includes service as an attorney at the CFTC’s Division of Economic Analysis, where his focus was on exempt derivatives markets; the Federal Reserve Bank of San Francisco; and on behalf of Harvard University at the Federal Commission on Securities Markets in Moscow and, most recently, Rabat, Morocco.
Malyshev is the founder and chair of the Derivatives and Futures Standing Committee of the Business Law Section of the Bar Association of the District of Columbia, which was named “Best Committee of 2010-11” by the Steering Committee of the D.C. Bar Corporation, Finance and Securities Law Section.
Malyshev is recognized by both Chambers USA and Chambers Global in band 3 for his regulatory expertise and energy market knowledge. Malyshev is on the roll of solicitors in England and Wales, participates in the American Bar Association’s Diversity Committee, and is a member of the Board of Editors of the Futures and Derivatives Law Report.
“Peter is a widely known and exceptionally well qualified attorney, with significant energy industry credentials in the U.S. and abroad,” said Gary Thompson, Reed Smith’s Washington, D.C. Office managing partner. “His strong CFTC practice is an exceptionally good fit with the work we do in this sector for clients around the world, particularly since Dodd-Frank has revamped regulation of the futures market. We welcome Peter and his considerable experience.”
Source: www.reedsmith.com
