Commodities, Derivatives and Securities

Menaker & Herrmann LLP counsels a wide variety of participants in the regulated and unregulated commodities and derivatives markets. Our clients have ranged from individual floor traders to multinational corporations involved in the over-the-counter markets, involving power, currencies, and interest rates. We have helped establish and register commodity trading advisors and commodity pool operators.

The Firm represents both defendants and plaintiffs in litigation involving the Commodity Exchange Act and related regulations and federal and state securities laws. In addition, we represent clients with membership, registration and other regulatory problems before the Commodity Futures Trading Commission, the National Futures Association (“NFA”), and the regulated futures markets. The Firm has extensive experience representing registrants in disciplinary matters before the CFTC and the self-regulatory organizations. It has also represented clients in numerous industry arbitrations under the sponsorship of both the NFA and the exchanges.

The Firm has wide experience in matters involving the CFTC, the National Futures Association and most of the contract markets. Sam Abernethy, who heads our commodities and derivatives practice, has throughout his professional career represented commodities clients and has been active in various trade and professional committees and organizations. This participation and involvement with clients enables the Firm to keep abreast of the changes in the industry.

Representative Matters

  • Achieved favorable settlement of an action brought in Texas federal district court against a natural gas trader, in which it was alleged that the trader had submitted false information to a natural gas trade publication.
  • Successfully defended a $2 million breach of contract and fraud case in California Superior Court related to the purchase and sale of gold.
  • Set up, registered, and prepared compliance manual for Introducing Brokers.
  • Set up, registered, and prepared disclosure document for Commodity Trading Advisor.
  • Advised and represented Introducing Broker in handling regulatory audits.