Jared Gianatasio has extensive experience advising clients on sophisticated over-the-counter and exchange traded derivatives transactions and regulation, counterparty trading and brokerage relationships, and investment fund regulatory matters under the U.S. commodities and securities laws. He also frequently counsels commodity pool operators and commodity trading advisors on the registration and on-going operation of such entities under CFTC and NFA rules.  In addition, Jared provides clients with advice on a number of risk management, regulatory  and other operational issues relating to their business.



Jared assists clients on drafting and negotiating derivative and repurchase agreements, master trading agreements/confirmations and other account and brokerage documentation for a wide variety of derivative and other financial products, including documentation published by ISDA, SIFMA and the LSTA. These include fixed income and credit derivatives, total return swaps, equity derivatives, prime brokerage/margin lending, and other cash and synthetic trading documentation.


Benjamin N. Cardozo School of Law (J.D., 2006)

Roger Williams University, Bristol (B.A., cum laude, 2003)

Bar Admissions

2007, New York

Speaking Engagements

Securities Regulation: Security Tokens and other Digital Assets

Co-Speaker, New York State Bar Association, November 2022

Celsius/Voyager – 546(e) Safe Harbor

Co-Speaker, Kleinberg Kaplan & 507 Capital on Twitter Spaces, August 2022

Crypto Liquidation/Bankruptcy Cases – Recent Events, Overview, Challenges, and What to Expect

Co-Speaker, Kleinberg Kaplan, Kalo & Conyers on Twitter Spaces, July 2022

Evolution of Hedge Fund Investing for U.S. Tax-Exempt Investors

Co-Speaker, Kleinberg Kaplan & Additive Advisory PBC Special Webinar, May 2022

U.S. Securities Laws for Financial Intermediaries Outside the United States

Guest Lecturer, Zurich Business School, Switzerland, December 2021

LIBOR Transition: What To Know and How To Prepare

Co-Speaker, Kleinberg Kaplan & Demarest Special Webinar, March 2021

COVID-19: Counterparty Trading and Risk Issues for Fund Managers

Co-Speaker, Kleinberg Kaplan & Women in Funds Special Webinar, May 2020


Law Firms Wary of Crypto Payments in Wake of FTX Scandal
The American Lawyer, November 2022 (quoted)

For Crypto Attorneys, FTX Bankruptcy Is a ‘Black Swan Event’
The American Lawyer, November 2022 (quoted)

Insider Trading and NFTs
Westlaw Today, June 2022

Advantages for U.S. Tax-Exempt Investors via Onshoring Investment in Hedge Funds and Use of Swap Transactions
Bloomberg BNA Tax Management Memorandum, February 2022


SEC Adopts Final Rules Intended to Prevent Fraud and Undue Influence in connection with Security-Based Swaps

July 13, 2023

On June 7, 2023, the Securities and Exchange Commission (the “SEC”) adopted two new rules (the “Rules”) targeting (i) fraud, manipulation and deception in security-based swap transactions, including a new prohibition on manipulation or attempted manipulation of the value of security-based swaps or payments or deliveries thereunder, and (ii) the potential for undue influence over…

Kleinberg Kaplan’s Jared Gianatasio quoted in Bloomberg Law on the SEC’s Lawsuits against Binance and Coinbase

June 15, 2023

Kleinberg Kaplan partner Jared Gianatasio was quoted in Bloomberg Law article, “Lawyers Cash In on Binance, Coinbase ‘Ultimate Fight’ With SEC.” The article covers the legal teams representing both Binance and Coinbase and what lies ahead for the firms and crypto industry at-large as the alleged securities law violations are addressed. In the article, Jared…

NFA Adopts Compliance Rule for Spot Digital Asset Commodity Activity

April 3, 2023

On March 29, 2023, the National Futures Association (“NFA”) announced the adoption of Compliance Rule 2-51: Requirements for Members and Associates Engaged in Activities Involving Digital Asset Commodities (the “New Rule”),1 which will implement anti-fraud, trading, and supervisory requirements for member firms, including firms registered with the Commodity Futures Trading Commission as commodity pool operators…

Kleinberg Kaplan Partners Quoted Extensively in Media in Wake of FTX Collapse

November 21, 2022

Kleinberg Kaplan Partners Jared Gianatasio, Matthew Gold and Dov Kleiner have been quoted extensively in the press in the wake of the FTX collapse and the related fallout. In The American Lawyer article “For Crypto Attorneys, FTX Bankruptcy Is a ‘Black Swan Event,’” Jared Gianatasio considers how the downfall of FTX may lead to increased…

Insider Trading and NFTs

June 8, 2022

On June 1, 2022, the United States Attorney for the Southern District of New York and the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation announced the unsealing of a two-count indictment for wire fraud and money laundering against Nathaniel Chastain, a top executive at Ozone Networks, Inc., d/b/a/…

A Split in the Track: Transition from LIBOR – SOFR as Accepted New Benchmark Rate vs. Other Alternative Benchmark Rates

December 6, 2021

As discussed in our October 26, 2021 client alert, the ICE Benchmark Administration will cease to publish the USD LIBOR benchmarks on June 30, 2023,1 and the Alternative Reference Rates Committee (the “ARRC”) announced its recommendation that the forward-looking Secured Overnight Financing Rate (“SOFR”) term rates published by the CME Group should be utilized as…

All Aboard! The Train Is Speeding Along: Transition from LIBOR – What Market Participants Need to Know About CME Term SOFR Licenses

October 26, 2021

As discussed in our January 29, 2021 client alert, the ICE Benchmark Administration will cease to publish the most widely used tenors of the USD LIBOR benchmarks on June 30, 2023.1 Additionally, financial institutions have been advised not to utilize the most widely used tenors of the USD LIBOR benchmarks for any financial products that…

The Train Has Left the Station: LSTA Issues Revised Secondary Trading Documentation To Reflect Transition from LIBOR

January 29, 2021

Effective January 27, 2021, the Board of the Loan Syndications and Trading Association (the “LSTA”) published a revised suite of trading documents to reflect the market’s transition from the use of the London Interbank Offered Rate (“LIBOR”) to the Secured Overnight Financing Rate (“SOFR”) or other alternative risk-free rates (“RFRs”) as a key benchmark for…

IBOR Transition – IBA Announces Plan For Key USD LIBOR Tenors Beyond 2021

December 3, 2020

The ICE Benchmark Administration (“IBA”) announced earlier this week that it will consult on its intention to extend publication of the overnight and one-, three-, six-, and 12-month USD LIBOR rates until June 30, 2023. The June 2023 extension, however, applies only to legacy contracts—no new USD LIBOR contracts will be permitted after 2021.1 The…

LIBOR Transition – ISDA Prepares to Launch 2020 IBOR Fallbacks Protocol and Supplement

October 19, 2020

Following a favorable review from the Antitrust Division of the U.S. Department of Justice, the International Swaps and Derivatives Association (“ISDA”) announced on October 9, 2020 that it intends to publish a protocol, along with updates to its standardized documentation to provide for fallback rates and procedures to account for the potential discontinuation of certain…

Helping Clients Navigate COVID-19 (Updating)

August 18, 2020,

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations  The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…

SEC Sets LIBOR Transition Preparedness as an Examination Initiative

July 21, 2020

The LIBOR transition encompasses far-ranging legal issues that impact the investment management industry, including the potential impact on trading and derivatives portfolios, fund performance targets within fund documentation, financing and brokerage arrangements, and a wide range of operational and other issues that need to be considered by managers. Background LIBOR (London Interbank Offered Rate) is…

CFTC Proposes Rule Amendments to Expand Exemptions for Non-U.S. Commodity Pool Operators

June 9, 2020

On May 28, 2020, the Commodity Futures Trading Commission (“CFTC”) approved proposed amendments to CFTC Regulation 3.10(c), which currently provides a jurisdictional based registration exemption for non-U.S. commodity pool operators (“CPOs”) that operate non-U.S. funds with non-U.S. investors (the “Proposed Amendments”). Historically, the CPO registration exemption available under Regulation 3.10(c)(3) has presented challenges for non-U.S.…

Fed Announces More Updates to TALF 2.0 and New List of FAQs

May 13, 2020

On May 12, 2020, the Federal Reserve Board (the “Fed”) updated its term sheet of the Term Asset-Backed Loan Facility (“TALF 2.0”) that it authorized on March 23, 2020 and updated on April 9, 2020. The full updated term sheet can be found here. The Fed also released a list of frequently asked questions (“FAQs”)…

Kleinberg Kaplan Partner Jared R. Gianatasio Quoted in Debtwire

April 16, 2020

Kleinberg Kaplan Partner Jared R. Gianatasio discussed the Federal Reserve’s new Term Asset-Backed Securities Loan Facility (“TALF”)  in an interview with Debtwire. Jared shares his thoughts on possible further updates to the program that investors should monitor as TALF moves towards implementation. Read the full article, “TALF funding expected to flow by mid/late May; further expansion…

Fed Updates Terms of TALF 2.0

April 10, 2020

On April 9, 2020, the Federal Reserve Board (the “Fed”) updated its term sheet of the Term Asset-Backed Loan Facility (“TALF 2.0”) that it authorized on March 23, 2020. The key changes include: updates to the definition of eligible borrower, additions to the types of eligible collateral, changes to loan pricing, and the release of…

TALF 2.0: Fed Revives Term Asset-Backed Loan Facility

April 1, 2020

On March 23, 2020, the Federal Reserve Board (the “Fed”) authorized the revival of its Term Asset-Backed Loan Facility (“TALF 2.0”) previously established following the 2008 financial crisis. TALF 2.0 is a credit facility intended to support the asset-backed securities (“ABS”) markets for consumers and businesses by creating a new source of stable funding for investors…

CFTC and NFA Extend CPO/CTA Filing Deadlines for Certain Filing and Reporting Requirements

March 24, 2020

On March 20, 2020, the Commodity Futures Trading Commission (the “CFTC”) provided temporary no-action relief to registered commodity pool operators (“CPOs”) by extending the filing timeline for certain ongoing reporting/filing obligations. The CFTC’s no-action letter provides an extension for the following:(i) filing Form CPO-PQR under Regulation 4.27, (ii) submitting pool annual reports under Regulations 4.7(b)(3)…

CFTC Extends Initial Margin Compliance Timeline for Many Buy-Side Firms

March 20, 2020

On March 18, 2020, the Commodity Futures Trading Commission (the “CFTC”) voted unanimously to extend the uncleared swap initial margin compliance timeline for financial entities with smaller swap portfolios from September 1, 2020 to September 1, 2021. Phase 6 Compliance Group The newly created “Phase 6” compliance group will provide many private funds and other…

Buy-Side Checklist for Potential Impacts on Counterparty Trading Arrangements

March 18, 2020

With the increasing concerns surrounding the impact of COVID-19 around the world, global financial markets are facing a unique set of difficulties. Fund managers, family offices and other buy-side market participants should consider reviewing their counterparty trading and brokerage arrangements to understand the impact of these events on their trading portfolios and their counterparties. Below…

CFTC Simplifies Rules for Asset Managers

January 6, 2020

Recently, the U.S. Commodity Futures Trading Commission (the “CFTC”) approved amendments to Regulations 4.5, 4.7, 4.13, 4.14, and 4.27 that will impact investment managers that are operating funds that fall within the definition of a commodity pool. These new regulations will take effect on January 9, 2020.[1] Some key highlights of the amendments include: •…

NFA Implements New Testing Requirements for Swap Associated Persons

December 3, 2019

Beginning January 31, 2021, all swap associated persons and their supervisors (“APs”) will be required to satisfy the National Futures Association’s (the “NFA”) new swaps proficiency requirements. These requirements will apply to, among others, APs of investment managers registered with the NFA as commodity pool operators (“CPOs”) or commodity trading advisors (“CTAs”) that engage in…

Update: NFA Releases Effective Date(s) for Interpretive Notice Establishing Disclosure Requirements for Registered CPOs/CTAs Engaging in Virtual Currency Activities

August 16, 2018,

On July 20, 2018, the National Futures Association (“NFA”) issued an interpretive notice (the “Interpretive Notice”) detailing new disclosure requirements for registered commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) to address certain risks stemming from the recent growth of the virtual currency and virtual currency derivatives markets.[1] On August 9, 2018, the NFA issued…

NFA Issues New Disclosure Requirements for Registered CPOs/CTAs Engaging in Virtual Currency Activities

August 7, 2018,

On July 20, 2018, the National Futures Association (“NFA”) issued new disclosure requirements for registered commodity pool operators (“CPOs”) and commodity trading advisors (“CTAs”) to address certain risks stemming from the recent growth of the virtual currency and virtual currency derivatives markets. The new requirements will require, among other things, CPOs and CTAs trading in…

NFA to Develop Swap Testing Program

June 14, 2018,

On June 5, 2018, the Board of the National Futures Association (NFA) approved the development of a proficiency requirements program for “associated persons” (APs) of registered commodity pool operators (CPOs) and commodity trading advisors (CTAs) engaged in swaps activities. The proficiency program will be in the form of an online learning program with an embedded…

CFTC Modernizes Recordkeeping Requirements

July 14, 2017,

Overview The U.S. Commodity Futures Trading Commission (CFTC) recently adopted amendments to CFTC Regulation 1.31 (Final Rule), which governs the recordkeeping obligations for any person required by the Commodity Exchange Act (CEA) or CFTC regulations to maintain such records, including registered commodity pool operators and commodity trading advisors. While the Final Rule amendments do not…