Douglas Yatter is Global Vice Chair of Latham's White Collar Defense & Investigations Practice and Co-Chair of the firm’s Commodities and Derivatives Regulation and Enforcement Practice. He is also a founding member of Latham’s Global Digital Assets & Web3 Practice.

A leader of two Latham practices ranked Band 1 nationwide in Chambers (Derivatives and Fintech/Crypto-Asset Disputes), Mr. Yatter advises clients across the financial services and fintech industries and the energy and agricultural sectors in government and internal investigations, litigation, and regulatory matters.

As a former Chief Trial Attorney in the Division of Enforcement of the US Commodity Futures Trading Commission (CFTC), Mr. Yatter's experience with commodities regulation enables him to assist large financial institutions, commodity trading firms, energy companies, fintech ventures, and other clients in navigating a complex and rapidly developing regulatory and enforcement environment. He also draws on his experience to represent clients in class actions and other litigation involving financial instruments and market conduct.

At the CFTC, Mr. Yatter was a leader of two of the agency’s highest profile enforcement matters, including both the ISDAFIX benchmark investigation and the investigation of the collapse of MF Global. He also conducted and supervised various other matters involving violations of the Commodity Exchange Act and CFTC regulations, including fraud, manipulation, false reporting, spoofing, trade practice abuses, customer protection, insider trading, and cybersecurity. His work addressed swaps, futures, and other derivatives across various markets, often in coordination with the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the National Futures Association (NFA), and other domestic and international authorities. In all, his cases resulted in orders for sanctions totaling nearly US$1.6 billion.

In addition to traditional commodities, Mr. Yatter advises cryptocurrency clients on a range of compliance, litigation, and enforcement matters at the forefront of regulatory developments involving digital assets and blockchain technology. His recent cryptocurrency matters have included investigations by the CFTC, SEC, and Department of Justice on regulatory compliance for token offerings, centralized and decentralized trading platforms, insider trading, money laundering, and market manipulation.

In his extensive civil litigation practice, Mr. Yatter represents clients in federal and state courts and arbitration proceedings in a wide array of complex matters, including securities and shareholder derivative suits, antitrust cases, and transactional disputes.

Mr. Yatter serves on the Advisory Board of NYU School of Law’s Program on Corporate Compliance & Enforcement and the Board of Directors of the Fund for Modern Courts. He is a Fellow of the American Bar Foundation and a member of the ABA Derivatives & Futures Law Committee and the Futures Industry Association Law & Compliance Division. Early in his career, he clerked for Judge Dennis Jacobs of the US Court of Appeals for the Second Circuit.

Mr. Yatter is a frequent speaker on enforcement topics and industry trends, including cryptocurrencies, artificial intelligence, and other areas of innovation. 

Mr. Yatter's enforcement defense and investigation experience includes representing:

  • The co-founder of a global cryptocurrency derivatives trading platform in criminal and civil enforcement matters
  • A global bank in CFTC insider trading and market manipulation investigations
  • A major hedge fund in a CFTC insider trading investigation
  • Precious metals traders at global banks in DOJ and CFTC spoofing investigations
  • Senior interest rate traders at global banks in CFTC market manipulation investigations
  • An asset management firm in an internal investigation relating to complex physical commodity transactions
  • A global bank in FINRA and SEC investigations relating to trading and clearing of equities and equity options
  • Registered firms and traders in NFA and CME investigations and disciplinary proceedings
  • A financial institution in connection with a CFPB investigation of consumer banking 
  • A pharmaceutical company in connection with criminal and civil insider trading investigations
  • A Fortune Global 100 engineering company in one of the largest FCPA investigations in history*

Mr. Yatter's civil litigation and arbitration experience includes representing:

  • A prominent venture capital firm in class actions alleging securities law violations and other claims relating to cryptocurrency projects and technology
  • The co-founder of a global cryptocurrency platform in class actions alleging violations of securities and commodities laws
  • DXC Technology Company as co-lead trial counsel in the arbitration of a post-merger dispute against Hewlett Packard Enterprise, winning a US$666 million award for DXC
  • A global bank in the successful defense of two class actions alleging manipulation and collusion in connection with interest rate benchmarks and related derivatives
  • A leading broker-dealer in FINRA arbitration proceedings
  • A global pharmaceutical company in the successful defense of a multibillion dollar antitrust class action, including successful briefing at every level of the federal courts*
  • A major software company in Delaware Chancery Court litigation through trial in support of its successful US$10 billion bid to acquire a competitor*

*Matter handled prior to joining Latham

Recent Speaking Engagements

  • “Enforcement Developments,” ABA Derivatives & Futures Law Conference, Jan. 2021 and Jan. 2022 
  • “Recent Actions, Developments, and Trends,” Futures Industry Association Law & Compliance Conference, Oct. 2020
  • “LIBOR Transition Update,” UK Finance, Jul. 2020
  • “Advancement of Digital Assets and Addressing Financial Crime Risk,” NYU School of Law, Mar. 2020
  • “CFTC Enforcement Trends,” Federal Reserve Bank of New York, Financial Markets Lawyers Group, Jan. 2020 

Bar Qualification

  • California
  • New York

Education

  • JD, Georgetown University Law Center, 2001
    magna cum laude, Order of the Coif
  • BA, University of Michigan, 1998
    high honors and distinction
February 12, 2024 Recognition

Fintech Group of the Year: Latham & Watkins

Latham & Watkins LLP made waves in the fintech world last year by successfully defending venture capital firm Andreessen Horowitz in a case of first impression involving so-called scam tokens as well as through its representation of Binance's CEO in ongoing enforcement actions.