J. Ashley Weeks

  • Associate
  • Eashley.weeks@lw.com
  • 1271 Avenue of the Americas
  • New York, NY 10020
  • USA
  • T +1.212.906.4630
  •  
 

Profile

Ashley Weeks is an associate in the New York office of Latham & Watkins and a member of the firm's Financial Institutions and Fintech Industry Groups and Commodities and Derivatives Regulation and Enforcement, Derivatives, and Financial Regulatory Practices.

Ms. Weeks advises clients on regulatory, compliance, and transactional issues relating to commodities and derivatives products.

Ms. Weeks has experience representing investment banks, corporations, and asset managers in structured investments and derivatives transactions, including interest rate derivatives, foreign exchange (FX) transactions, equity derivatives, and commodity transactions. She also has experience representing clients in structuring finance-linked hedging structures in the project finance industry.

Ms. Weeks maintains a regulatory practice consisting of assisting financial institutions, corporate end-users, intermediaries, trading venues, and other derivatives, commodities, and crypto market participants with US Commodity Futures Trading Commission (CFTC) and US Securities and Exchange Commission (SEC) regulatory compliance matters under the Dodd-Frank Act.

Leadership

Ms. Weeks currently serves as both a global co-leader and the local New York office leader of Latham’s First Generation Professionals (FGP) lawyers’ affinity group, and has been selected by the International Swaps and Derivatives Association, Inc. (ISDA) as a member of the inaugural cohort of derivatives professionals to participate in the ISDA Future Leaders in Derivatives (IFLD) program.

Experience

Ms. Weeks routinely advises buy- and sell-side market participants in connection with over-the-counter (OTC) and exchange-traded derivatives and commodities transactions, including representing:

  • Publicly listed Fortune 100 company in respect of the inter-affiliate novation of FX, interest rate, and commodity hedging transactions with 20+ dealer counterparties, including related ISDA documentation and upstream guarantees, in connection with a post-merger corporate restructuring
  • Various CFTC-regulated swap dealers in connection with FX, interest rate, commodity, and equity derivatives transactions
  • Buy-side market participants in respect of commercial and regulatory onboarding documentation in connection with various US and non-US trading platforms
  • Energy companies, joint ventures, and financial institutions in connection with their environmental credit trading programs
  • Real estate investment fund in the implementation of its agency mortgage-backed securities (MBS) investment strategy with 15+ dealer counterparties, including related ISDA, Master Securities Forward Transaction Agreement (MSFTA), and Master Repurchase Agreement (MRA) documentation
  • Financial institution in developing template transaction and collateral documentation for crypto derivatives trading business

Representative experience also includes acting as derivatives regulatory counsel to:

  • FX trading platform on distributed ledger technology (DLT)
  • Multibank consortia in development of DLT platform for confirming equity derivatives transactions
  • Sponsors and investment managers in connection with commodity pool operator (CPO) and commodity trading advisor (CTA) regulatory and compliance obligations
  • Credit risk hedging service for uncleared OTC derivatives, involving a legal structure, algorithm, and operational process to enable banks to use contracts for differences (CFDs) to reduce their potential future exposure and mark-to-market (MTM) exposure
Thought Leadership

Ms. Weeks is an emerging thought leader in the derivatives industry, co-authoring such publications as:

  • Latham & Watkins Discusses IBOR Fallbacks Protocol and Supplement from ISDA, Columbia Law School Blue Sky Blog (Nov. 2020)
  • Not in Kansas Anymore: The Current State of Consumer Token Regulation in the United States, Global Legal Insights Blockchain & Cryptocurrency Regulation 2021 (Oct. 2020)
  • Latham & Watkins Discusses CFTC No-Action Relief on IBOR Transition, Columbia Law School Blue Sky Blog (Sept. 2020)
  • Equity Derivatives 2020: United States, Lexology: Getting the Deal Through (July 2020)
  • US vs EU Margin Rules: Comparative Summary, cited in US Derivatives Regulation: Margin Collection and Exchange Requirements for Uncleared Swaps, Thomson Reuters: Practical Law Finance (July 2019)
  • A Path for Consumer Tokens – the SEC and CFTC Analysis, Compliance Monitor (Nov. 2018)
  • Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies, Bloomberg Law (April 2018)
  • Whistling a Common Tune: CFTC Finalizes Rule Amendments to Provide Greater Protection and Clarify Incentives for Whistleblowers, Corporate Counsel (June 2017)
  • Marketing Non-US Private Equity Funds in the United States: A Roadmap through the Various Regulations and Tax Implications, Journal of Investment Compliance (May 2017)
  • Evolution of the CFTC’s Whistleblower Program, New York University Compliance and Enforcement Blog (Sept. 2016)
  • Dodd-Frank Almost 6 Years Later: Where Are We Now? Energy-Related Derivatives Regulation, Bloomberg BNA: Securities Regulation and Law Report (March 2016)

Ms. Weeks also has been invited to present on notable regulatory developments, including:

  • US Regulatory and Enforcement Developments: Cryptocurrencies and ICOs, NYSBA Securities Regulation Committee Meeting (June 2018)
  • Customer Collateral Protection for Listed Derivatives in the US and UK, Financial Industry Association Law & Compliance Division Webinar (June 2017)
  • Financial Regulatory Whistleblower Programs, NYSBA Securities Regulation Committee Meeting (Oct. 2016)

Thought Leadership

  • What to Know About the New CFTC Cross-Border Swaps Regime -  April 26, 2021
  • Understanding the ISDA IBOR Fallbacks Protocol and Supplement: Summary and Takeaways for the Market -  November 06, 2020
  • Not in Kansas Anymore: The Current State of Consumer Token Regulation in the United States -  October 15, 2020
  • CFTC Provides Additional No-Action Relief to Smooth IBOR Transition -  September 10, 2020
  • What the CFTC Interpretation of “Actual Delivery” Means for Crypto -  July 27, 2020
  • COVID-19 Update: CFTC Relief for the Derivatives Market -  March 27, 2020
  • COVID-19 and the Derivatives Markets: What NFA Members Need to Know -  March 17, 2020
  • A CFTC Helping Hand: DSIO Offers to Review Digital Asset Products -  March 04, 2020
  • CFTC Issues No-Action Relief for Derivatives Market IBOR Transition -  January 24, 2020
  • The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance - An Update -  November 12, 2019
  • US-EU Margin Rules Reference Guide -  July 08, 2019
  • EMIR REFIT: Bringing the EU and the US Closer Together? -  June 28, 2019
  • Are You My Regulator? ABA Surveys US Crypto Regulatory Overlap -  April 05, 2019
  • NFA to Require Swap Proficiency Examination for Swap Associated Persons -  March 27, 2019
  • CFTC Seeks to Amend Commodity Pool Regulations -  February 01, 2019
  • A Path for Consumer Tokens - the SEC and CFTC Analysis -  November 29, 2018
  • Effective October 31, 2018: New NFA Virtual Currency Disclosure Requirements -  October 16, 2018
  • The Yellow Brick Road for Consumer Tokens: The Path to SEC and CFTC Compliance -  September 18, 2018
  • Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies -  April 13, 2018
  • Fund Managers: Annual Compliance Reminders and New Developments -  March 26, 2018
  • Derivatives Market – 2017 Year in Review: A Summary -  January 25, 2018
  • CFTC Proposes Interpretation of “Actual Delivery” for Virtual Currencies -  January 19, 2018
  • CFTC Publishes Long-Awaited Comparability Determination for EU Margin Rules -  November 01, 2017
  • Whistling a Common Tune -  June 12, 2017
  • 2016 Derivatives Market Year in Review -  December 14, 2016
  • Marketing Non-US Private Equity Funds in the United States -  November 16, 2016
  • CFTC Proposes New Enforcement Authority and Other Amendments in Its Whistleblower Program -  September 08, 2016
  • CFTC Brings Significant Enforcement Action Against Online Cryptocurrency Exchange -  June 20, 2016
  • Dodd-Frank Almost 6 Years Later: Where Are We Now? Energy-Related Derivatives Regulation  -  March 02, 2016
  • CFTC Extends Trade Option Reporting Deadline to April 1, 2016 -  February 23, 2016
  • CFTC Uncleared Swap Margin Rules to Take Effect in September -  February 19, 2016
  • SEC Proposes Rules on the Use of Derivatives by Funds -  February 03, 2016
  • Dodd-Frank 5 Years Later: Where Are We Now? Derivatives Regulation for Asset Managers -  November 30, 2015
  • Prudential Regulators Are First to Finalize Uncleared Swap Margin Rules -  November 20, 2015
  • Cryptocurrencies Are Commodities: CFTC’s First Bitcoin Enforcement Action -  September 20, 2015
  • CFTC Proposes Cross-Border Application of Margin Requirements for Uncleared Swaps -  August 13, 2015
  • UPDATED: CFTC Clarifies Regulation of Forward Contracts with Embedded Volumetric Optionality -  June 22, 2015
  • SEC Proposes Additional Cross-Border Rules for Security-Based Swaps -  May 27, 2015
  • Regulation SBSR: The Compliance Guide to Reporting Security-based Swaps -  March 24, 2015
Bar Qualification
  • New York
Education
  • JD, University of Virginia School of Law, 2014
  • BA, University of North Carolina, 2010
Industries
  • Financial Institutions
  • Fintech
  • Energy & Infrastructure
Languages
  • English
Practices
  • Capital Markets
  • Financial Regulatory
  • Derivatives
  • Commodities and Derivatives Regulation and Enforcement