David H. Kaufman

Biography

David concentrates on structured transactions involving commodities and derivatives. He also has extensive experience with mergers, acquisitions, and corporate reorganizations.

David works closely with the firm’s financial institution and end-user clients in the commodity, equity, fixed income, and credit derivative markets, often assisting clients in developing, structuring, and implementing transactions for credit extension, hedging, and monetization purposes. He evaluates such transaction structures under applicable securities and commodities law, including the Commodity Exchange Act and the Commodity Futures Trading Commission’s (“CFTC”) regulations.

David represents major commercial banks, commodities dealers, trading firms, and investments funds, as well as commercial end-users, in commodity-based transactions involving energy, precious and base metals, currencies, and agricultural products. His work in these areas has involved structuring and documenting trading, hedging, financing, supply and offtake, storage, processing, and tolling transactions, together with associated margin and other collateral arrangements. He also represents banks, private credit funds, and individuals in negotiating and documenting equity margin loans and other derivative transactions designed to monetize and/or hedge large or illiquid share positions.

David assists clients in assessing the credit and trading risks that structured commodities and derivatives transactions present. He has substantial experience structuring complex collateral and intercreditor arrangements and liquidation and setoff provisions. He further assists clients by analyzing such arrangements and provisions under the UCC, other applicable lien laws, the federal bankruptcy code, and other insolvency regimes.

David speaks frequently on derivatives, commodities, and structured products issues.

David previously served as a member of both the Energy Committee of the Association of the Bar of the City of New York and the Committee on Futures Regulation of the Association of the Bar of the City of New York.

Outside the Firm

David enjoys hiking, especially during visits to national, state, and regional parks, and, weather permitting, volunteer days at the community gardens operated by Concrete Safaris.

Recognitions

  • 2025, Derivatives and Futures Law, listed in Best Lawyers in America
  • 2022–2025, Capital Markets: Derivatives (USA), listed in Chambers Global
  • 2021–2025, Capital Markets: Derivatives, listed in Chambers USA
  • 2022–2025, Structured Finance: Derivatives and Structured Products, listed in The Legal 500 United States
  • 2024, “Highly Regarded” Leading Lawyer in Capital Markets: Derivatives and Capital Markets: Equity, listed in IFLR1000
  • 2022, Securities / Capital Markets Law, listed in Best Lawyers in America

Affiliations

Memberships

  • International Institute of Strategic Studies
  • Lawyers Advisory Council for the NYC Urban Debate League
Professional Activities

In addition to his legal practice, David is deeply committed to public service and professional engagement. He serves as chairman of the board for Concrete Safaris, a youth development nonprofit in East Harlem, and is a member of the Lawyers Advisory Council for the NYC Urban Debate League. David is also an active member of the International Institute of Strategic Studies, a London-based foreign policy group with a strong U.S. presence, and he has participated in a wide range of pro bono initiatives throughout his career.

Credentials

Admissions

  • New York

Education

  • Harvard Law School, JD, magna cum laude
  • University of Rochester, BA