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Matthew F. Kluchenek

Partner
Baker & McKenzie LLP

Biography

Matthew Kluchenek heads the Firm's Global Derivatives and Hedge Fund practice. He regularly advises clients on a broad array of regulatory, transactional and enforcement matters involving the financial markets and financial products, drawing on deep business knowledge to deliver practical advice and explain complex concepts. Mr. Kluchenek serves as a subject matter expert in printed media and industry events, has published numerous articles and has spoken at many industry events. He is an adjunct professor at a local law school, where he teaches a course on derivatives law. Prior to joining Baker McKenzie, Mr. Kluchenek served as the general counsel of a large proprietary trading firm and as an associate general counsel of a major futures exchange, as well as other positions. In addition to his law practice, Mr. Kluchenek is the founder and owner of Mind’s Eye Winery, LLC, a producer of premium Napa Valley wines.

Practice Focus

Mr. Kluchenek represents exchanges, fund managers, trading advisers, proprietary trading firms, commodity pool operators, hedge funds, banks and corporate end-users in navigating and understanding the regulatory requirements and implications of the Commodity Exchange Act, as amended by the Dodd-Frank Act, the federal securities laws and the rules of the CFTC, SEC and self-regulatory organizations, such as the National Futures Association and exchanges. Mr. Kluchenek’s practice also includes a strong emphasis on structuring and documenting complex derivatives and strategic transactions in the financial services industry, as well as representing clients that are subjects of CFTC, SEC, NFA and exchange investigations and disciplinary actions.

Representative Legal Matters

  • Represents financial institutions and market participants in the US, Australia, Europe, Asia and South America with respect to potential obligations under the Commodity Exchange Act, as amended by the Dodd-Frank Act, and the federal securities laws, as well as the cross-border application of US financial law.
  • Represents firms and individuals before the CFTC, SEC, NFA, FINRA and exchanges with respect to investigations and enforcement actions, including matters involving allegations of spoofing, wash trades, manipulation, supervisory failures, position limit violations and sales fraud, among others.
  • Advises firms with respect to regulatory requirements relating to swaps, options, forwards, futures, securities and other financial instruments, and represent firms in interfacing with the CFTC, SEC, NFA, FINRA and exchanges.
  • Counsels multinational corporations with respect to their global hedging programs, including negotiating and documenting transactions and structuring hedge programs.
  • Assists clients in formulating and implementing derivatives compliance and risk management procedures.
  • Represents firms in forming new entities (and addressing related ownership, governance, trade secret and employment issues), and structuring and documenting strategic acquisitions, mergers and joint ventures.
  • Assists clients in forming domestic and foreign commodity pools, including master-feeder fund structures.

Professional Associations and Memberships

  • American Bar Association - Member
  • Chicago Bar Association - Member
  • Futures Industry Association - Member
  • Village of Hinsdale - Park and Recreation Commission Chairman
  • Village of Hinsdale - Plan Commission Commissioner (2005-2011)

Admissions

  • Illinois~United States (1991)

Education

  • Georgetown University Law Center (LL.M. Securities & Financial Regulation) (1995)
  • Chicago-Kent College of Law (IIT) (J.D.) (1991)
  • Loyola University, Chicago (B.A. Political Science) (1988)