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 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
Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs
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:
This course is co-sponsored with myLawCLE.
Date / Time: September 11, 2026
Closed-captioning available
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.
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.
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.
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.
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.
Mr. Schwed holds a J.D. from the Maurice A. Deane School of Law at Hofstra University.
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.
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.
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.
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.
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved via Attorney Submission
2 General Hours
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 Substantive
Pending CLE Approval
2 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2.4 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
120 General minutes
Approved for CLE Credits
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2.5 General
Pending CLE Approval
2 General
No MCLE Required
2 CLE Hour(s)
Pending CLE Approval
2 General
Approved for CLE Credits
2 General
Pending CLE Approval
2 General
Not Eligible
2 General Hours
Approved for CLE Credits
2 General
Approved via Attorney Submission
2 Law & Legal Hours
Pending CLE Approval
2 General
Pending CLE Approval
2.4 General
Pending CLE Approval
2 General