Commodities Counseling and Litigation

Eaton & Van Winkle’s Commodities Counseling and Litigation Practice Group provides advisory and litigation services in connection with the structuring, offering and trading of commodity and derivative products of all types. We’re there for clients who need a commodities attorney for advice on the development of new products, the structuring and implementation of complex transactions and the obtaining of necessary regulatory relief. We assist clients in responding to governmental inquiries, defend them in governmental and private actions, and investigate and, if warranted, prosecute private claims for clients under the U.S. commodities and antitrust laws.

Some examples of the matters our lawyers have handled include participating in SEC rulemaking proceedings in connection with the development of new derivative products requiring SEC approval, challenging agency action to approve or disapprove new derivative products, review and analysis of draft prospectuses proposing the sale of new derivative products, investigation and prosecution, if warranted, of alleged commodity manipulation (e.g., corners, squeezes, misappropriation and/or unauthorized disclosure of proprietary trading positions), investigation and prosecution and/or defense of alleged price fixing and other anticompetitive conduct involving commodity futures, forwards, swaps and other derivative products, compliance and investigatory reviews of commodities and derivatives businesses, including training and development of internal policies and procedures to govern businesses and establishment of structured product review committees to comply with regulatory guidelines, policy, legislative and regulatory comment and advice relating to commodities, securities, banking and international law issues affecting commodities and derivatives, coordinating global advice regarding the status of trading, advisory and information systems under the laws of multiple jurisdictions, and advising with respect to position limits, hedge exemptions, and unwinding derivative positions.

Our commodities team is led by Bob Bernstein. Mr. Bernstein won the first case in which price fixing on the London Metal Exchange was found to be a violation in the U.S. of the U.S. antitrust laws. He led efforts to block the launch of a new form of derivative product in the U.S. based on the acquisition and storage of base metals and supported efforts to reduce growing queues for delivery of metals in LME warehouses.


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