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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 environmental commodities; transportation and infrastructure; interest rates and credit default swaps; foreign exchange, digital assets, tokenization 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 pools, commodity pool operators (CPOs) 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 and exchanges.
In addition to regulatory work, Peter assists clients with enforcement matters in front of U.S. federal regulators as well as the SROs. Most recently Peter has assisted clients with matters including a whistleblower, futures position limits, a CPO registration and compliance, a forex EFP / EFS trading documentation, an IB registration and data use matter as well as an investigation of an alleged spoofing trading.
Peter is the founder of derivatives, futures 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 environmental commodities issues. Peter is on the management committee of the Futures Industry Association and is on the board of editors of the FDLR.
Peter is Band 1-ranked in Chambers Global and Chambers USA, and is recognized by Lawdragon “500 Leading Dealmakers in America” and The Best Lawyers in America in recognition of his work in Derivatives and Futures Law. Peter has also been named as a Lexology “Legal Influencer” for his general thought leadership and recently received a “Top Authors” recognition from the JD Supra Readers’ Choice Awards.
