Katherine Cooper attorney profile image

Katherine Cooper

kcooper@mmlawus.com
1185 Avenue of the Americas
21st Floor
New York, NY 10036
T: (212) 880-3630
F: (212) 825-9828
Practice Areas
Education
  • 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
Admissions
  • New York
  • District of Columbia
  • Virginia
  • 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

 

Publications

  • Who’s On the Block
    (11/23/2021)
    Katherine Cooper attorney profile image

    Katherine Cooper, a former CFTC attorney and member of our FinTech & Blockchain Practice, speaking on a Cato Institute panel on the CFTC regulation of crypto, entitled “New Technology and Old Rules: Constructing a Crypto Regulatory Framework.” View the full discussion here: https://www.cato.org/events/new-technology-old-rules-constructing-crypto-regulatory-framework

  • Since the end of September, the Commodity Futures Trading Commission (“CFTC”) has brought enforcement actions against five different swap dealers for a range of alleged violations.  These CFTC actions come on the heels of several NFA business conduct committee disiplinary cases against swap dealers and swap firm introducing broker.

  • Client Alert: "Jury Diverges from SEC in Finding That Digital Assets are Not Securities"
    (Co-authored with Thomas P. DeFranco, Daniel M. Payne)
    (11/08/2021)

    The verdict is remarkable for its break with the Securities and Exchange Commission’s position that Hashlets are investment contracts in the action it brought against Mr. Garza in 2015. This difference is demonstrative of the uncertainty which currently characterizes much of the regulatory landscape facing individuals and entities operating in the cryptocurrency space.

  • In its litigation of the CFTC’s enforcement action against it, Monex swings and misses a second time in the Ninth Circuit.  In a July 20, 2021 memorandum opinion, the Ninth Circuit rejected Monex’s appeal from the district court’s grant of a preliminary injunction.

  • In early May 2021, the World Federation of Exchanges ("WFE"), along with the United Nations Sustainable Stock Exchanges Initiative ("SSE"), and the International Swap Dealers Association ("ISDA") took significant steps towards incorporating sustainability in derivatives. 

  • The New Administration: What Changes to White Collar Investigations and Prosecutions Should Businesses and Individuals Expect from the Biden Administration?
    (Co-authored with Steven D. Feldman, Lionel André, Joseph P. Facciponti, Elizabeth Lan Davis, Robertson Park)
    (04/30/2021)

    A new Administration and Congress bring new enforcement, regulatory, and legislative priorities. Murphy & McGonigle’s team of experienced former federal prosecutors and regulatory enforcement attorneys share their predictions of the new administration’s approach to financial crime enforcement and regulation in anti-bribery and corruption, anti-money laundering, securities and commodities fraud, healthcare fraud, the False Claims Act, and the FinTech sector.