Yvette Valdez is a partner in the New York office of Latham & Watkins. Ms. Valdez is Co-Chair of the Commodities and Derivatives Regulation and Enforcement Practice, 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 advises emerging companies, financial institutions, and investment managers on complex regulatory challenges in the development of bespoke financial crypto-asset and cryptocurrency technologies including token sales, market infrastructure, trading, clearing, and settlement solutions on distributed ledger technology. She also advises clients on domestic and cross-border cutting-edge fintech initiatives in the derivatives markets.
Ms. Valdez also has significant experience representing dealers, intermediaries, and end-users in connection with derivatives (swaps and futures) legal and regulatory matters under the Dodd-Frank Act, the Commodity Exchange Act, as well as related CFTC, SEC, and prudential regulation.
Her regulatory practice consists of assisting foreign and domestic investment banks, futures commission merchants, introducing brokers, broker-dealers, and commodity pool operators and commodity trading advisors with their derivatives regulatory compliance requirements as well as advising buy-side clients in connection with their margining, clearing, and trade execution requirements. Ms. Valdez also counsels clients in market infrastructure, trading, clearing, and settlement in the derivatives markets, including FBOTs, swap execution facilities, and designated contract markets.
Ms. Valdez has extensive experience representing financial institutions in bespoke derivatives transactions, including interest rate and credit derivatives, foreign exchange transactions, total return swaps, commodity transactions, futures, and options.
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.
- 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*
- 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