Named to the Women to Watch in Crypto & Blockchain list.

BCB Group 2018


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Yvette D. Valdez

New York
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
 
 

Yvette Valdez is a partner in the New York office of Latham & Watkins. Ms. Valdez is head of the US Derivatives Regulatory practice and a member of the firm’s Financial Institutions and FinTech Industry Groups and Financial Regulatory and Derivatives Practices.

Ms. Valdez focuses in particular on representing dealers, broker-dealers, and end-users in connection with derivatives legal and regulatory matters under the Dodd-Frank Act as well as other Commodity Futures Trading Commission (CFTC), Securities and Exchange Commission (SEC), and prudential regulation. Ms. Valdez has extensive experience representing investment banks, corporations, private equity firms, and asset managers in structured investments and derivatives transactions, which include interest rate and credit derivatives, foreign exchange transactions, total return swaps, and commodity transactions. Ms. Valdez has developed an advisory practice applying these core regulatory principles to cryptocurrency derivatives and smart contracts. She also has substantial experience in representing clients in structuring finance-linked hedging structures in the energy, infrastructure, and asset finance industry.

Ms. Valdez’s regulatory practice consists of assisting foreign investment banks, futures commission merchants, broker-dealers, and commodity pools with their regulatory compliance efforts under the Dodd-Frank Act, as well as advising buy-side clients in connection with their clearing and trade execution requirements. She has also advised clients in connection with the registration and compliance obligations of swap execution facilities.

Ms. Valdez was named to Innovate Finance's 2018 Women in FinTech Powerlist in the Professional & Financial Services category in recognition of her leadership in the industry.

Speaking Engagements
  • CREEL, Fintech in Mexico, Cryptocurrency Regulation Panel, October 2018 (Mexico City)
  • JPMorgan Private Bank, Cryptocurrency and ICO Event, April 2018
  • Blockmatics Event, Blockchain & Law, March 2018
  • Blockmatics Event, Blockchain & Law: Self-governance in an unregulated world, January 2018
  • Cardozo Tech Talk: Structuring Legally Compliant Token Sales, November 2017
  • Financial Revolutionist Conference, ICO Panel, November 2017
  • 2017 Blockchain Technology and Digital Currency National Institute, hosted by American Bar Association, April 2017
  • The Evolving Landscape for Cryptocurrencies and Distributed Ledger Technology, Empire Startups Fintech Conference, April 2017
  • Cryptocurrencies and Blockchain Technology - Truth or Dare, Futures Industry Association Law & Compliance, May 2016

Ms. Valdez’s experience includes representing:

  • SunTrust Bank, Deutsche Bank, Credit Suisse, Credit Agricole CIB, BNP Paribas, Citibank N.A., and SMBC in connection with fixed-income, foreign exchange, commodity, and total return swap derivatives transactions* 
  • Major investment banks, in connection with the creation of derivative platforms for fixed income derivatives and general representation in relation to such derivative platforms*
  • Private equity firms and funds in connection with fixed income and credit derivatives transactions* 
  • Various energy and gas companies in connection with hedging documentation in commodity transactions including emission allowances, power, and fuel*
  • Foreign financial institutions in connection with clearing and trade execution on-boarding* 
  • Financial institutions in connection with hedging and credit enhancement transactions and risk management structures involving derivatives, including total return swaps, credit default swaps, and forward delivery agreements*
  • Foreign financial institutions in Latin America, in connection with the execution of derivatives transactions with various dealers in respect of the bank's various foreign exchange transactions and currency options and swaps with other dealers* 
  • Commercial and investment banks in connection with termination and settlement as well as collateral obligations of various derivatives transactions in respect of the Lehman Brothers bankruptcy* 
  • Investment managers in connection with commodity pool operator and commodity trading advisor regulatory and compliance obligations*

Thought Leadership

  • Co-author, “Effective October 31, 2018: New NFA Virtual Currency Disclosure Requirements,” Client Alert, October 2018
  • Co-author, “The Yellow Brick Road for Consumer Tokens: The path to SEC and CFTC compliance,” Global Legal Insights, May 2018
  • Co-author, “Global Developments on Best Execution,” Client Alert, May 2018
  • Co-author, “Are Your Employees Trading Bitcoin? Addressing Cryptocurrencies in Compliance Policies,” Bloomberg Law, April 2018
  • Co-author, “Private Equity Fund Managers: Annual Compliance Reminders and New Developments,” Client Alert, March 2018
  • Co-author, “CFTC Proposes Interpretation of “Actual Delivery” for Virtual Currencies,” Client Alert, January 2018
  • Co-author, “CFTC Publishes Long-Awaited Comparability Determination for EU Margin Rules,” Client Alert, November 2017
  • Co-author, “What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?” Client Alert, April 2017
  • Co-author, “Marketing Non-US Private Equity Funds in the United States,” Client Alert, November 2016
  • Co-author, Practical Law, Reference Guide to Practice Note, The Dodd-Frank Act: Margin Posting and Collection Rules for Uncleared Swaps, September 2016
  • Co-author, “Evolution of the CFTC’s Whistleblower Program,” New York University Compliance and Enforcement, September 2016 
  • Co-author, “Dodd-Frank Almost 6 Years Later: Where Are We Now? Energy-Related Derivatives Regulation,” Bloomberg BNA: Securities Regulation and Law Report, March 2016 
  • Co-author, “Final exemptive order regarding cross-border application of swap regulations,” Lexology, August 22, 2013* 
  • Co-author, “CFTC approves final interpretive guidance with respect to the cross-border application of certain swap provision of the Commodity Exchange Act,” Lexology, August 21, 2013*
  • Co-author, “ISDA August 2012 Dodd-Frank Protocol,” Lexology, October 26, 2012*
  • Co-author, “CFTC and SEC Publish Rules Defining Entities That Will Be Classified as Dealers, Major Participants in Derivatives Market,” Bloomberg BNA: Securities Regulation & Law Report, Volume 44, Number 24, June 11, 2012*
  • Co-author, “Swap Dealers, Major Swap Participants and Eligible Contract Participants,” Derivatives Week: The Learning Curve, Volume XXI, Number 20, May 21, 2012*
  • Co-author, “Lehman Bankruptcy Court Denies Contractual Right to Triangular Setoff,” The Journal on the Law of Investment & Risk Management Products: Futures & Derivatives Law, Volume 32, Issue 2, February 2012*
  • Co-author, “International Swaps & Derivatives Association, Inc.,” ISDA Collateral Committee, Market Review of OTC Bilateral Collateralization Practices, March 2010*

*Completed prior to joining Latham & Watkins

 
 
 
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