Peter Y. Malyshev, counsel, practices corporate law in the firm’s Washington, D.C. and New York offices and focuses his practice on regulatory, compliance and transactional issues relating to commodities, securities and derivatives products markets.
Since 2008, Mr. Malyshev has been actively involved in assisting market participants in drafting and commenting on the proposed derivatives legislation in US Congress; this legislation subsequently became the Dodd-Frank Act of 2010. After the passage of the Dodd-Frank Act, Mr. Malyshev has continued assisting clients with drafting comment letters on the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) rulemakings under the Dodd-Frank Act. As part of this effort, Mr. Malyshev also is actively engaged with the National Futures Association (NFA) and the Financial Industry National Regulatory Association (FINRA) implementation efforts under the Dodd-Frank Act.
Mr. Malyshev assists various derivatives markets participants with formulating their regulatory compliance efforts under the Dodd-Frank Act; these clients include swap execution facilities (SEFs), swap data repositories (SDRs), swap dealers and major swap participants as well as end-users, futures commission merchants, introducing brokers, designated contract markets (DCMs), derivatives clearing organizations (DCOs) and clearing agencies, “special entities” as well as commodity pool operators (CPOs) and commodity trading advisors (CTAs) and industry trade associations. These entities include both US and non-US-based entities that require assistance with extraterritoriality and inter-affiliate transactional application of the Dodd-Frank Act, such as foreign boards of trade (FBOTs), non-US intermediates as well as foreign regulators.
As a part of Mr. Malyshev’s broader practice, he advises and assists clients in structuring risk management and hedging transactions with financial institutions, energy traders, agricultural producers and commodities dealers, as well as other end-users and dealers such as airlines, emission and ethanol producers and insurance companies. Mr. Malyshev has negotiated numerous master agreements, energy purchase and sale agreements, and energy optimization and management agreements. He also advises concerning credit arrangements in connection with asset acquisitions and has supervised several energy portfolio acquisitions.
Prior to joining Latham, Mr. Malyshev was in private law practice with other international US law firms in Washington, as well as in Moscow, London, and San Francisco. He has worked as a lawyer at the CFTC’s Division of Economic Analysis, where he focused on exempt energy derivatives markets and interpretations of the Commodity Futures Modernization Act of 2000. His experience also includes work at the Federal Reserve Bank of San Francisco, as well as work on behalf of Harvard University at the Federal Commission on Securities Markets in Moscow, and most recently in Rabat, Morocco, where he participated in drafting commodities and securities legislation and advised the Russian and Moroccan central banks on derivatives and custody issues.
Mr. Malyshev is the founder and chair of the Washington, D.C. Bar Derivatives and Futures Standing Sub-Committee of Business Law Section. For his work on the Derivatives, Securitization and Project Finance Committee, The Steering Committee of the DC Bar Corporation, Finance and Securities Law Section awarded Mr. Malyshev the Best Committee of 2010-2011. He will serve as the chair of this sub-committee for 2012. Mr. Malyshev is on the roll of solicitors for the Law Society of England and Wales, is involved in the ABA’s Diversity Committee and in his spare time, studies the Arabic language. He has been appointed as Chairman of the DC Bar Committee on Derivatives and Futures and is also a member of the Board of Editors of the Futures and Derivatives Law Report.
Mr. Malyshev is a frequent speaker at industry conferences, such as the Futures Industry Association (FIA), ABA, Practicing Law Institute (PLI), and others. He recently co-authored an article for Inside Counsel titled "Regulatory: CFTC Maintains Limited Trading Exemptions."