Derivatives, Digital Assets, and AI in Financial Markets

Gary E. Kalbaugh
Gary E. Kalbaugh
Cahill Gordon & Reindel LLP

Gary E. Kalbaugh is a partner in the New York office of Cahill Gordon & Reindel LLP and a nationally recognized leader in commodities, futures, and derivatives law. His practice spans commodities, futures and derivatives, digital assets and emerging technology, and capital markets, and he serves as Special Professor of Law at the Maurice A. Deane School of Law at Hofstra University.

David Schwed
David Schwed
SVRN

David Schwed is the Chief Operating Officer of SVRN and a veteran security and technology executive in digital assets and financial services. His career spans senior leadership roles at Robinhood, BNY Mellon, Galaxy, and Halborn, and his commentary has appeared in Bloomberg, BBC, Fortune, CNBC, and Nasdaq.

Live Video-Broadcast: September 11, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

 

The same digital asset can be a security, a commodity, or a derivative — and Congress may soon change the answer

Comprehensive digital asset market structure legislation is before Congress, and the CFTC and SEC are actively realigning their jurisdictional approaches. At the same time, artificial intelligence is moving into trading, derivatives, compliance, and risk management faster than the frameworks written for human decision-making.

Classification drives everything that follows. Treat a token as a security and the securities laws attach. Treat it as a commodity or derivative and the swaps regulatory framework applies, with compliance obligations for swap dealers and other market participants. Deploy AI in a regulated environment and supervision, recordkeeping, and explainability expectations follow — along with liability for inaccurate outputs and third-party reliance on LLM providers.

Attendees walk away able to assess regulatory status, structure products and activities, and address compliance considerations across both regimes — plus a practical roadmap for AI governance, documentation, and regulatory engagement, built on the practitioner judgment no automated tool provides.

Key topics to be discussed:

  • Jurisdiction and Classification
    How classifying a digital asset as a security, commodity, or derivative decides CFTC or SEC jurisdiction — and how pending market structure legislation and SEC-CFTC harmonization initiatives could redraw those lines.
  • Swaps Framework Obligations
    When digital asset derivatives trigger the swaps regulatory framework — and which key compliance obligations follow for swap dealers and other derivatives market participants.
  • Enforcement and Structuring
    Where regulatory and enforcement developments are moving digital asset markets — and the practical issues counsel face structuring and advising on emerging financial products.
  • AI Under Existing Rules
    How existing rules — the CEA, securities laws, and supervision requirements — map onto AI-driven trading, advice, and compliance across financial markets.
  • AI Governance Expectations
    What regulators expect on governance, human oversight, recordkeeping, and explainability when supervising AI systems inside regulated financial institutions.
  • AI Liability and Vendors
    Where AI liability concentrates — model risk, inaccurate outputs, and third-party reliance on LLM providers — and the practical considerations for counsel advising on AI deployment.

This course is co-sponsored with myLawCLE.

Date / Time: September 11, 2026

  • 12:00 pm – 2:10 pm Eastern
  • 11:00 am – 1:10 pm Central
  • 10:00 am – 12:10 pm Mountain
  • 9:00 am – 11:10 am Pacific

Closed-captioning available

Speakers

Gary E. Kalbaugh, Partner | Cahill Gordon & Reindel LLP

Gary E. Kalbaugh is a partner in the New York office of Cahill Gordon & Reindel LLP and a nationally recognized leader in commodities, futures, and derivatives law. His practice spans commodities, futures and derivatives, digital assets and emerging technology, and capital markets, and he serves as Special Professor of Law at the Maurice A. Deane School of Law at Hofstra University.

  • Education & Credentials

Mr. Kalbaugh earned his LL.M. from the University of Pennsylvania in 1999 and his Bachelor of Civil Laws, with honors, from the National University of Ireland in 1998. He is admitted to practice in New York.

  • Recognition & Leadership

Mr. Kalbaugh serves as Co-Chair of the Artificial Intelligence Workstream of the Commodity Futures Trading Commission’s Future of Finance Committee (2024–present) and previously chaired the New York City Bar Association’s Futures and Derivatives Regulation Committee (2018–2021). He is the author of Derivatives Law and Regulation (3rd ed. 2021), serves as Editor-in-Chief of the Futures and Derivatives Law Report, and co-chaired the American Bar Association’s Artificial Intelligence and Derivatives Market conference.

  • Professional Involvement

His current and recent committee service includes the Federalist Society’s Financial Services Executive Committee (2021–present) and the Institute of International Bankers’ Legislative and Regulatory Policy Committee (2011–2025). He has written multiple peer-reviewed articles on derivatives, virtual currency, and regulatory topics, and is a proficient coder and application developer in Python and other languages.

  • Experience

Before joining Cahill, Mr. Kalbaugh served as Deputy General Counsel and Director at ING, held senior roles at WestLB — including executive director, counsel, and chief U.S. data protection officer — and practiced as an associate at an international law firm. He teaches derivatives law and banking law at Hofstra University and previously served as a lecturer-in-law at Columbia Law School.

 

David Schwed, Chief Operating Officer | SVRN

David Schwed is the Chief Operating Officer of SVRN and a veteran security and technology executive in digital assets and financial services. His career spans senior leadership roles at Robinhood, BNY Mellon, Galaxy, and Halborn, and his commentary has appeared in Bloomberg, BBC, Fortune, CNBC, and Nasdaq.

  • Education & Credentials

Mr. Schwed holds a J.D. from the Maurice A. Deane School of Law at Hofstra University.

  • Recognition & Leadership

Mr. Schwed chairs the Cybersecurity Industry Advisory Board at Yeshiva University’s Katz School of Science and Health, where he also serves as Practitioner in Residence and previously served as professor and founding director of the university’s cybersecurity master’s degree program (2019–2021). He has spoken at more than 350 conferences on security, digital assets, and emerging technology.

  • Professional Involvement

He serves as a board director at Catholic Guardian Services and the Disaster Accountability Project, advises Dfns, a digital wallet service, and is an early-stage investor in blockchain and fintech startups. His expertise spans blockchain and DLT security, digital asset and DeFi security, cybersecurity and technology risk management, regulatory compliance, and expert witness engagements.

  • Experience

Before SVRN, Mr. Schwed served as Chief Information Security Officer, Brokerage & Money, at Robinhood (2024–2025); Chief Operating Officer at Halborn (2022–2024); Global Head of Digital Assets Technology at BNY Mellon (2021–2022); Chief Information Officer at RTI Cable (2019–2021); and Managing Director and Chief Information Security Officer at Galaxy (2018–2019). Earlier, he co-founded MASS Communications — serving as general counsel and chief information officer until its acquisition by Windstream — served as Vice President of Enterprise Threat Management at BNY Mellon (2006–2011), and held earlier roles at Grant Thornton, Citigroup, Marsh McLennan, Merrill Lynch, and Citicorp.

Agenda

SESSION 1 – The Evolving Regulatory Framework for Derivatives and Digital Assets | 12:00pm – 1:00pm

With comprehensive digital asset market structure legislation before Congress, and the CFTC and SEC actively realigning their jurisdictional approaches, the regulatory perimeter for derivatives and digital assets is being redrawn in real time. This session examines the regulatory framework governing derivatives, futures, commodities, and digital assets as financial products and marketplaces continue to evolve. Drawing on current developments in derivatives regulation and digital asset markets, the session will address the respective roles of the CFTC, SEC, banking regulators, and other authorities, including jurisdictional questions that arise when traditional financial products intersect with cryptocurrencies and blockchain-based instruments. Attorneys will also explore how market participants can assess regulatory status, structure products and activities, and address compliance considerations as the boundaries between traditional derivatives and emerging digital assets continue to develop.

BREAK | 1:00pm – 1:10pm

SESSION 2 – AI in Financial Markets: Derivatives, Trading, Compliance, and Regulatory Risk | 1:10pm – 2:10pm

This session focuses on the rapidly expanding use of artificial intelligence in financial markets and the legal and regulatory issues created when AI is incorporated into trading, derivatives, compliance, risk management, and financial products. Attorneys will examine how existing regulatory frameworks apply to AI-enabled financial activity, where traditional rules may not adequately address emerging technologies, and the potential liability and compliance challenges created by automated decision-making and large language models. The session will also consider regulatory expectations, governance and oversight, explainability, data and model risks, and practical issues for financial institutions deploying AI in regulated environments. Attendees will leave with a practical roadmap for AI governance, documentation, and regulatory engagement.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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