With more than three decades of experience, Jamie Cain has guided insurers, banks, securities and commodities firms, and funds through significant transactions that transform their businesses including public and private securities offerings and mergers and acquisitions. He regularly works with U.S. and foreign companies to interpret and comply with the myriad of securities, commodities, insurance and banking laws that apply to these transactions.
A frequent speaker at industry conferences, Jamie is recognized for his knowledge of the Dodd-Frank Act and the regulation and use of derivatives including those instruments used for interest rate, foreign exchange, commodity, credit default and equity transactions and related collateral arrangements. He represents a wide range of global clients, typically on the buy side, including major public companies, financial institutions, public and private funds, government sponsored enterprises and foreign governments. He advises these clients on documentation of those transactions and on internal and regulatory compliance, investigations, enforcement actions and other disputes, including those arising from close out and valuation in the context of counterparty insolvency proceedings.
Jamie also advises insurers, banks and broker-dealers in connection with cross-industry acquisitions and in the distribution of their respective products both domestically and internationally.
Clerkships
Honorable Edward C. Reed of the U.S. District Court
Awards and Rankings
Named to The Best Lawyers in America in the area of derivatives and futures law (2006-2020)
Recognized as a stand-out lawyer by Acritas Stars: Independently Rated Lawyers (2018-2020)
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of capital markets: derivatives (2019-2020)
Experience
“In today’s world, getting the deal done requires not only relevant transactional experience, but also navigating through myriad requirements imposed by various, and often competing, regulatory regimes.”
Experience
Advised public companies on OTC derivatives transactions and Dodd-Frank Act compliance.
Counseled life insurers and GSEs on swap transaction documentation.
Represented a series of energy, metal and agricultural ETFs.
Represented an exchange-traded fund in a multi-agency trading practices investigation, resulting in no action taken against the client.
Advised annuity insurers on drafting Dodd-Frank Act comment letters.
Represented major commercial energy firms in Dodd-Frank Act implementation and compliance.
Counseled U.S. insurer on creating an offshore segregated accounts company.
Advised clients on various OTC transactions.
Advised foreign government on OTC derivatives.
Advised GSEs on OTC interest rate transactions.
Counseled foreign insurer on regulatory and compliance matters.
Advised on acquisition of insurance product wholesaler.
Counseled insurers on third-party marketing.
Advised bank on equity investments and on regulatory compliance.
Advised a major bank on federal and state laws regulating insurance premium financing.
Counseled wire house on insurance product structure, distribution.
Provided advice to GSE on multi-billion dollar debt programs.
Represented agricultural cooperative in connection sale through auctions of subsidiaries.
Assisted oil and gas company with development of ISDA documentation and policies, negotiates ISDA agreements for company.
Represented actively managed ETF investing in cleared CDS.
Advised a Fortune 100 company on proper disclosure of market information in response to a CFTC inquiry.
Advised public companies in connection with CFTC inquiries related to position limits and market manipulation.
Multimedia
Issues raised by the COVID-19 pandemic for the derivatives market (March 31, 2020)
Members of the Eversheds Sutherland derivatives team will address the impact of the COVID-19 pandemic on the global derivatives market:Whether and how a pandemic can trigger an Event of Default, ...
Videocast: Asset management regulation in 2020 videocast series - FinTech initiatives (March 2, 2020)
Asset managers will need to consider how FinTech developments impact their business model in 2020, including developments related to digital asset securities, cryptocurrency-based ETFs and ...
Videocast: Asset management regulation in 2020 videocast series - Regulators step up pressure to implement LIBOR transition plans (February 13, 2020)
Regulators are increasing pressure on financial institutions to demonstrate that they are proactively addressing the transition away from the London Interbank Offered Rate (LIBOR). The New York State ...
LIBOR considerations for lenders and borrowers, including BDCs and private credit funds (November 19, 2019)
Dramatic changes are on the horizon for the most widely used benchmark for interest, investment and derivatives rates: the London Interbank Offered Rate (LIBOR). As a result, a broad swath of market ...
Webcast: Hot Topics in Derivatives Under Dodd-Frank for Private Investment Funds (April 16, 2013)
Please join Sutherland’s Private Funds Team for the third webcast in our Hot Topics in Private Investment Funds series. Sutherland attorneys and members of the Derivatives Team, Jamie Cain, Daphne ...
Webcast: Dodd-Frank Act Requirements Impacting Derivatives Activities Hedge Funds Other Private Funds Webcast: A To Do List (November 7, 2012)
Sutherland Asbill & Brennan LLP invites you to join us for a webcast on derivatives reform. On October 12, 2012, the final rules issued by the Commodity Futures Trading Commission and the Securities ...
Podcast: The CFTC's Final Swap Dealer and Major Swap Participant Definitions and Their Implications for Hedge Funds and Other Private Funds (May 30, 2012)
Please join Sutherland's Hedge Funds and Other Private Funds Team for a Quick Call regarding the CFTC's highly anticipated final swap dealer and major swap participant definitions.The swap ...
Podcast: New CFTC Rules Affecting Funds and their Advisers That Invest in Commodity Interests (April 17, 2012)
The Commodity Futures Trading Commission (CFTC) recently adopted amendments to its regulations governing the registration of commodity pool operators (CPOs) and commodity trading advisors (CTAs) and ...
Podcast: New CFTC Rules Affecting Funds that Invest in Commodity Interests: How Will They Affect You? (March 15, 2012)
The CFTC recently adopted amendments to its regulations governing the registration of commodity pool operators (CPOs) and commodity trading advisors (CTAs) and the compliance and reporting ...
News
In the News
US, EU Regs Look to Improve Coordination (April 18, 2017)
Compliance Reporter
Eversheds Sutherland (US) Partner James Cain is quoted extensively in this Compliance Reporter article regarding the US-EU Joint Financial Regulatory Forum last month where officials discussed views ...
At Dodd-Frank Anniversary, Energy Interests Air Concerns About Counterparties, Hedging (August 17, 2015)
Platts
Partner James Cain is quoted in this Platts article regarding the five year anniversary of the Dodd Frank Wall Street Reform and Consumer Protection Act. Among other things, he discusses how banks ...
Press Releases
24 Eversheds Sutherland Practice Areas, 63 Attorneys Named Among Nation’s Best in 2020 Chambers USA (April 23, 2020)
Eversheds Sutherland is pleased to announce that 24 practices and 63 attorneys have earned recognition in the 2020 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...
Acritas Stars Recognizes 26 Eversheds Sutherland Attorneys for Outstanding Client Service (April 2, 2020)
Eversheds Sutherland is pleased to announce that 26 attorneys have been recognized as stand-out attorneys in the 2020 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...
Acritas Stars Recognizes 22 Eversheds Sutherland Attorneys for Outstanding Client Service (March 20, 2019)
Eversheds Sutherland is pleased to announce that 22 attorneys have been recognized as stand-out lawyers in the 2019 Acritas Stars: Independently Rated Lawyers report. The annual report, based on ...
Acritas Stars Recognizes 17 Eversheds Sutherland (US) Attorneys for Outstanding Client Service (March 20, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 17 attorneys have been recognized as stand-out lawyers in the 2018 Acritas Stars: Independently Rated Lawyers report. The annual report, ...
Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...
Six Sutherland Attorneys Named Lawyer of the Year; 81 Lawyers Recognized in 2017 Edition of The Best Lawyers in America (August 15, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that that six attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in ...
Five Sutherland Partners Named “Lawyer of the Year” 82 Lawyers Recognized in 2016 Edition of The Best Lawyers in America (August 17, 2015)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that five partners have been selected as “Lawyer of the Year in their respective fields by The Best Lawyers in America, ...
Three Sutherland Partners Named “Lawyer of the Year,” 83 Lawyers Recognized in 2015 Edition of The Best Lawyers in America (November 3, 2014)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that three partners have been selected as “Lawyer of the Year in their respective fields by The Best Lawyers in America, ...
74 Sutherland Attorneys Named to The Best Lawyers in America in 2011-2012 (December 9, 2011)
ATLANTA and WASHINGTON (December 9, 2011) - Best Lawyers recently announced its 2011-2012 The Best Lawyers in America survey results, naming 75 Sutherland Asbill & Brennan LLP attorneys as “Best ...
The Best Lawyers in America Recognizes 73 Sutherland Attorneys (August 5, 2010)
ATLANTA and WASHINGTON (August 5, 2010) - Sutherland Asbill & Brennan LLP announces that 73 of its attorneys have been selected by their peers for inclusion in the 2011 edition of The Best Lawyers in ...
Presentations
“Our clients want and deserve practical advice.”
Presentations
Issues raised by the COVID-19 pandemic for the derivatives market (March 31, 2020)
Members of the Eversheds Sutherland derivatives team will address the impact of the COVID-19 pandemic on the global derivatives market:Whether and how a pandemic can trigger an Event of Default, ...
LIBOR considerations for lenders and borrowers, including BDCs and private credit funds (November 19, 2019)
Dramatic changes are on the horizon for the most widely used benchmark for interest, investment and derivatives rates: the London Interbank Offered Rate (LIBOR). As a result, a broad swath of market ...
ARRC Reference Rate Replacement Recommendations and ISDA LIBOR Amendments: Who needs them? (August 16, 2019)
Eversheds Sutherland attorneys Christina Rissler, James Cain, Maritza Badio and Lizet Steele present ARRC Reference Rate Replacement Recommendations and ISDA LIBOR Amendments: Who needs them? at ...
ISDA Symposium ISDA Benchmarks Supplement (March 5, 2019)
Eversheds Sutherland Partner James Cain participates in the ISDA Symposium ISDA Benchmarks Supplement on March 5, 2019, in New York. The 2018 ISDA Benchmarks Supplement was developed as a means of ...
The departure of LIBOR (November 6, 2018)
ACLI Senior Investment Managers Seminar (SIMS)
Eversheds Sutherland (US) Partner Jamie Cain participates on a panel The departure of LIBOR at ACLI’s Senior Investment Managers Seminar on November 6, 2018 in New Orleans, Louisiana. The session ...
Seeing the bigger picture: The problematic departure of LIBOR (July 18, 2018)
DC Bar “Off the Record” luncheon program
Eversheds Sutherland (US) Partner Jamie Cain is participating on a panel to present “The problematic departure of LIBOR” during the D.C. Bar “Off the Record” luncheon program on July 18, 2018. The ...
39th Annual FIA Law & Compliance Conference (May 5, 2017)
Eversheds Sutherland is a proud sponsor of the FIA Law and Compliance Conference, taking place May 3-5, 2017, Washington, DC. The 39th Annual Law & Compliance Conference on the Regulation of Futures, ...
ACIC Annual Meeting and Education Conference (October 20, 2016)
American College of Investment Council
Sutherland attorneys Jamie Cain, Taylor Kiessig and Ray Ramirez participate at the 2016 Fall Annual Meeting and Education Conference on October 20, 2016, in New York, New York. Sutherland Partner ...
World Recognition of Distinguished General Counsel (March 30, 2016)
The Directors Roundtable
Sutherland Partner James Cain is a panelist at the World Recognition of Distinguished General Counsel: James Savina hosted by The Directors Roundtable on March 30, 2016, in Chicago, Illinois.
Alternative Investments: Current Regulatory, SEC and IRS Developments (April 23, 2014)
Please join Sutherland Asbill & Brennan LLP, Rothstein Kass, and Freeman & Co. for an informative discussion on current regulatory, SEC and IRS trends impacting the alternative investment space. ...
Publications
“Advising a variety of clients on a wide range of transactions gives us a better perspective on the issues.”
Legal Alerts
Federal Reserve and Treasury announce new Main Street Lending Program (April 10, 2020)
On April 9, 2020, the Federal Reserve and Treasury announced a package of new financial assistance programs to provide up to $2.3 trillion in loans to support the U.S. economy pursuant to its own ...
Coronavirus - Deferral of Phases 5 and 6 of initial margin requirements for uncleared OTC derivatives recommended by BCBS and IOSCO (April 7, 2020)
In collaboration with Eversheds Sutherland attorneys Richard J. Batchelor, Jonathan D. Master and Paul Denham .
On April 3, 2020, the Basel Committee on Banking Supervision (BCBS) and the International Organization of Securities Commissions (IOSCO) issued a statement recommending an extension to Phases 5 and 6 ...
Obtaining Financial Assistance Under the CARES Act - A Roadmap for US Businesses (Updated April 5, 2020)
SynopsisThe CARES Act creates a number of new programs to provide liquidity to companies affected by the COVID-19 pandemic. This Legal Alert summarizes these programs, and their ...
The heat is on-Regulators step up pressure to implement LIBOR transition plans (January 13, 2020)
Regulators are increasing pressure on financial institutions to demonstrate that they are proactively addressing the transition away from LIBOR. On December 23, 2019, the New York State Department ...
FINRA once again delays implementation of amendments to FINRA rule 4210 (October 31, 2019)
The Financial Industry Regulatory Authority, Inc. (FINRA) filed a proposed rule change with the Securities and Exchange Commission (SEC) on October 25, 2019, to once more delay the implementation of ...
Legal Alert: A leg up for ETFs - SEC issues final ETF rule (September 30, 2019)
On September 26, 2019, the US Securities and Exchange Commission (SEC) announced that it has adopted the eagerly awaited new rule 6c-11 (the Rule) under the Investment Company Act of 1940 (the 1940 ...
Two steps closer - FDIC and OCC approve Volcker Rule changes (August 23, 2019)
On August 20, 2019, the Federal Deposit Insurance Corporation (FDIC)1 and the Office of the Comptroller of the Currency (OCC) approved amendments to the regulations implementing Section 13 of the ...
Regulatory guidance on the transition away from LIBOR (July 26, 2019)
Earlier this month, staff of the Securities and Exchange Commission (SEC) published guidance that encourages market participants to move away from LIBOR (the Staff Statement).1 The interest benchmark ...
Key Takeaways from SEC FinTech Forum (June 6, 2019)
On Friday, May 31, 2019, the US Securities and Exchange Commission (SEC) hosted a forum (the FinTech Forum) to discuss financial technology developments, including blockchain and distributed ledger ...
FINRA further delays implementation of amendments to FINRA Rule 4210 (February 1, 2019)
The Financial Industry Regulatory Authority, Inc. (FINRA) filed a proposed rule change with the Securities and Exchange Commission (SEC) on January 29, 2019, to once more delay, until March 25, 2020, ...
Articles
Back to the Futures: CCPS’ Adjustments to the Characterization of Variation Margin and their Implications (November 2017)
The Journal on the Law of Investment & Risk Management Products
In the aftermath of the 2008 financial crisis, regulators in the United States and abroad imposed new regulatory requirements on over-the-counter (OTC) swaps, and the people who trade them, with the ...
Preparing for the Squall: The Coming Margin Requirements for OTC Derivatives (April 2015)
The Review of Banking & Financial Services
Rules proposed by the Prudential Regulators and the Commodity Futures Trading Commission (CFTC) impose requirements on swap dealers and major swap participants to post and collect margin in ...
Putting the CFTC's 'Swap' Definition into Context (June 5, 2014)
Law360
The CFTC’s Division of Swap Dealer and Intermediary Oversight recently addressed, for the first time, the commission's definition of a swap as it applies to a specific insurance transaction. U.S. ...
The CPO and CTA Regulatory Regimes: What Operators of and Advisers to Commodity Pools Should Expect in 2013 (May 2013)
Futures & Derivatives Law Report
There were a number of significant changes to the regulatory regime for commodity pool operators and commodity trading advisors in 2012. In their article, “The CPO and CTA Regulatory Regimes: What ...
Regulatory watch list for 2012: the shifting landscape for hedge funds and other private funds (June 2012)
Journal of Investment Compliance
Defining ‘Swap Dealer’ and ‘Major Swap Participant’ (April 24, 2012)
Regulatory Watch List for 2012: Commodity ETF Industry (February 16, 2012)
Reprinted with permission from Securities and Banking Law360
2012 Regulatory Watch List: Commodity ETF Industry (February 16, 2012)
Law360
Dodd-Frank Necessitates New Legal Documentation for Cleared and Uncleared Swaps (July 13, 2011)
The Review of Securities & Commodities Regulation
Available on ACLI website.
Exchange-Traded Funds - Offering Transparency, Liquidity and Diversification in Turbulent Markets (July 15, 2009)
Reprinted with permission from The Review of Securities & Commodities Regulation
