- Commodities, Futures & Derivatives
- Cybersecurity, Cybercrime, & Incident Response
- FinTech & Blockchain
- Regulatory Enforcement Defense
- Securities & Complex Commercial Litigation
- Trading & Markets Counseling
- J.D., University of Virginia School of Law, 1988
- M.A, Philosophy, Columbia University, Graduate Schools of Arts & Sciences, 1983
- B.A., Philosophy & Economics, Columbia College, 1981
- New York
- District of Columbia
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fourth Circuit
Katherine Cooper advises clients on issues arising in the sale and trading of commodities, derivatives, securities and digital assets. She also represents clients in regulatory investigations and enforcement actions.
With twenty years of experience working in leadership roles at an exchange, swap dealers and the Commodity Futures Trading Commission, Katherine offers financial market participants trusted guidance to help them chart their way through the often confusing legal and regulatory landscape. She provides clients not only the knowledge about the applicable law and regulations, but also an understanding of the ecosystem created by the interplay between different types of market participants trading derivatives and other financial products. This allows her to not only advise on compliance with the applicable law, regulations and rules, but also help clients identify and exploit strategic opportunities sometimes created by changes in the law to launch new products and services.
Katherine previously served as the Chief Regulatory Officer of NYSE Liffe US, a CFTC-registered futures exchange. In that role, she advised the Board and senior management on the extensive changes made to the Commodity Exchange Act and Commodity Futures Trading Commission’s regulations by the Dodd-Frank Act and related rulemakings. She worked to launch New York Portfolio Clearing, a CFTC-registered clearinghouse, which provided an innovative portfolio margining process that margined certain clearing participants’ cash, securities and related derivatives positions as a single portfolio. As Chief Regulatory Officer, Katherine also oversaw NYSE Liffe US’s self-regulatory program including the surveillance, investigation and prosecution of disciplinary actions involving violations of law, CFTC regulations and exchange rules.
Prior to NYSE Liffe US, Katherine worked in senior management roles in compliance at Barclays Capital and before that Citigroup Global Markets. She led teams of compliance professionals covering the public sales and trading of fixed income, currencies and commodities assets, as well as equity execution, equity derivatives, preferred securities and structured products businesses.
Before her work at Citigroup, Katherine served as a Trial Attorney and then Senior Trial Attorney in the Enforcement Division at the CFTC. In that role, she led teams of attorneys and investigators in the investigation and prosecution of enforcement actions involving frauds and other wrongdoing committed by brokerage houses, commodity trading advisers, commodity pool operators, foreign exchange boiler rooms, and exchange floor members. Some of these matters led Katherine to conduct joint or parallel investigations with other government authorities including the FBI, the US Postal Inspection Service, and the New York State Attorney General’s Office, as well as foreign government authorities in the United Kingdom, France and Germany.
Prior to her service with the CFTC, Katherine was an associate at Lankler Siffert & Wohl which represented clients in parallel civil and criminal investigations of anti-trust, securities and other matters, as well as in civil matters including commercial litigation, bankruptcy and real estate matters.
Before Lankler, Katherine was a litigation associate at Sullivan & Cromwell where she assisted in the representation of clients in securities, anti-trust, bankruptcy, breach of contract, foreclosure, and lien enforcement matters.
Katherine received her Juris Doctor from the University of Virginia School of Law and earned a Masters of Arts Degree in Philosophy from the Columbia University Graduate School of Arts and Sciences. She received her undergraduate degree in Philosophy & Economics from Columbia College. She is a member of the New York, District of Columbia and Virginia Bars. She is admitted to the United States District Courts for the Southern and Eastern Districts of New York.
- Chair, ABA Blockchain Modality Working Group of the Innovative Digital Products and Processes (Subcommittee of the Derivatives Law Committee)
- Co-Vice Chair, ABA Derivatives Law Committee, Innovative Digitized Products and Processes Subcommittee
- Member, New York City Bar Association Futures Law Committee
Justices' Cert Snub Perpetuates Commodities Act Uncertainty
Law 360 | (06/15/2020)
Sayonara to Sonterra - No More!
Commodity Corner | (04/03/2020)
CFTC Delivers its Actual Delivery Interpretation
Commodity Corner | (03/26/2020)
The Crypto-Currency Act of 2020
Commodity Corner | (03/17/2020)
Federal Judge Issues Unusual Invitation to CFTC to Comment on SEC Enforcement Action
Securities Regulation Daily | (02/13/2020)
Impeachment and Commodities Regulation: An Odd Couple
Commodity Corner | (02/12/2020)
“Commodity” is a Defined Term!
Ninth Circuit Revives CFTC’s Enforcement Action Against Monex
Commodity Corner | (07/26/2019)
Recording Electronic Warehouse Receipts on a Distributed Ledger: Possibilities and Pitfalls
FinCEN: Peer-to-Peer “Exchanger” of Virtual Currency is an Unregistered Money Transmitter
Commodity Corner | (04/24/2019)
The SEC, Jacob and Esau: Are Bitcoin-Tracking Securities a Bowl of Stew?
FinCEN: Peer-to-Peer “Exchanger” of Virtual Currency is an Unregistered Money Transmitter
Blockchain Law Center | (04/18/2019)
Digital and Digitized Assets: Federal and State Jurisdictional Issues
American Bar Association | (03/14/2019)
CFTC Announces Enforcement and Cooperation Approach in Connection with Commodity Exchange Act Violations Involving Foreign Corrupt Practices
Commodity Corner | (03/07/2019)
Reversal of Fortune: Court Reverses Itself and Grants the SEC a Preliminary Injunction against Blockvest
Blockchain Law Center | (02/20/2019)
IOSCO Recommendations on Commodity Storage and Delivery Practices
Commodity Corner | (02/18/2019)
Slow Down! Are Speed Bumps Coming to the US Futures Markets?
Commodity Corner | (02/15/2019)
Parroting CFTC and NFA Orders Not Enough to Plead Fraud in Class Action; Actual Damages Not Pled
Commodity Corner | (02/08/2019)
Another Notch in the CFTC's Spoofing Belt
Commodity Corner | (02/01/2019)
Two Early 2019 Exchange Disciplinary Actions Charge Traders with Non-Competitive Trading
Commodity Corner | (01/14/2019)
New Year, New Guidance: the Lone Star State Addresses Regulation of Stablecoins and Bitcoin ATMs
Blockchain Law Center | (01/07/2019)
Year in Review: In-Depth Analysis of CFTC Division of Enforcement FY 2018
Court Questions Whether Token is a Security
Blockchain Law Center | (11/28/2018)
Notes of Caution from Hong Kong and UK Regulators Regarding Virtual Assets
AlbaniaBEG Ambient v. Enel': The Backstory
New York Law Journal | (10/02/2018)
CFTC Sues Offshore Broker “Connecting Bitcoin with Global Markets”
Blockchain Law Center | (09/30/2018)
Congresional Blockchain Initiative
Blockchain Law Center | (09/27/2018)
2 New Cases Showcase CFTC Spoofing Theories
Law 360 | (09/25/2018)
Virtual Currencies and the Model State Commodity Code
Blockchain Law Center | (08/21/2018)
Proposed Swap Dealer Requirements: The CFTC's Long Path Towards a More Risk-based Approach
The Review of Securities & Commodities Regulation (Subscription Required) | (08/15/2018)
NFA’s Proposed Disclosure Requirements for Futures Registrants Engaging in Virtual Currency Activities Goes into Effect July 30, 2018
Blockchain Law Center | (07/30/2018)
FinCEN Says ICO Issuers are Money Transmitters
Blockchain Law Center | (03/14/2018)
Court Rules that Virtual Currencies Are Commodities and the CFTC Has Jurisdiction over Fraudulent Cash Market Virtual Currency Transactions: But Are All Virtual Currencies Commodities?
Blockchain Law Center | (03/08/2018)
Seminars and Presentations
Chair, Crypto, Blockchain, FinTech & Other Technology Panel, ABA Derivatives Law Committee 2020 Winter Meeting in Naples, FL
01/23/2020 | (01/23/2020)
“CFTC Jurisdiction over Fraud in the Cash Markets: Are there any limits?” Webinar
10/10/2019 | (10/10/2019)
Commodities & Derivatives - Surveillance and Spoofing, Murphy & McGonigle 2019 CLE Series
07/10/2019 | (07/10/2019)
“Legal Matters,” Crypto Evolved 2019, Panelist
06/25/2019 | (06/25/2019)
“Taking the Cryptic Out of Cryptos – An Overview of the Current Regulatory Status and Litigation Involving Cryptoassets” panel at the Futures Industry Association’s Law & Compliance Conference in Washington, D.C.
05/09/2019 | (05/09/2019)
“Crypto and Blockchain Panel” at the ABA Derivatives and Futures Committee Winter Meeting in Naples, FL
01/25/2019 | (01/25/2019)
“Global Regulation Trends”, 2018 Mars Blockchain Summit NYC, Panelist
10/18/2018 | (10/18/2018)
“Enforcement”, FIA Expo 2018, Panelist
10/17/2018 | (10/17/2018)
09/26/2018 (02:00 PM - 08:00 PM) | (09/26/2018)
Crypto Evolved, Panelist - “Raising the Bar”
06/27/2018 | (06/27/2018)
Futures Industry Association, 2018, Law & Compliance Conference, Panelist – CFTC Reporting
05/03/2018 | (05/03/2018)
ABA Derivatives & Futures Law Committee 2018 Meeting, Panelist – New Products, FinTech
01/18/2018 | (01/18/2018)