Josh Sterling is a leading practitioner in commodities and derivatives law. He helps banks, fintechs, corporations, and several of the world's largest trading platforms successfully address enforcement, regulatory, and transactional matters that are of strategic importance to their businesses.
Josh's practical advice is informed by his tenure in leadership at the Commodity Futures Trading Commission (CFTC), the primary U.S. regulator of the derivatives markets. At the CFTC, Josh played an instrumental role in completing the remaining rulemakings required by the Dodd-Frank Act, as well as in charging and settling several groundbreaking enforcement actions.
As Director of the CFTC's Market Participants Division, Josh oversaw the 3,300-plus banks, intermediaries, and asset managers registered with the agency to trade derivatives in U.S. markets. He was responsible for the CFTC's examination, rulemaking, and enforcement referral programs governing those firms. Josh also was the federal official responsible for oversight of the National Futures Association (NFA), the self-regulatory body for CFTC-registered firms and individuals. For his record-setting accomplishments at the CFTC, Josh received the Chairman's Award for Excellence in Management.
Josh regularly assists major derivatives exchanges, market participants, and fintechs with obtaining approvals for new product and business initiatives through engagement with the regulators and by executing on their strategic business initiatives.
Josh has extensive experience representing clients in CFTC and SEC enforcement investigations, as well as in examinations of their trading activities and regulatory compliance brought by NFA and derivatives exchanges. He has successfully resolved several cases for corporate and individual defendants.
No Fair Notice, but a Fair Outcome: Fifth Circuit Rules Against CFTC for "Rulemaking by Enforcement"
Aggressive In The Endgame: The U.S. Bank Regulators’ Proposals Would Hike Bank Capital (The Review of Banking & Financial Services)
The CFTC Proposes Operational Resilience Framework for Swap Dealers and Futures Commission Merchants
- June 2021
NFTs: Key Considerations for an Emerging Asset Class, Futures Industry Association Member Event
- University of Pennsylvania (J.D. 2001); Vanderbilt University (B.A. magna cum laude 1998)
- District of Columbia and New York
- Director, Market Participants Division, Commodity Futures Trading Commission (2019-2021)
Chambers USA, ranked in the area of derivatives (2023)
The Legal 500 United States: recognized as an "excellent attorney able to provide highly customized advice"
CFTC Chairman's Award for Excellence in Management
Co-Chairman of the Derivatives Subcommittee of the DC Bar Corporation, Finance and Securities Law Community
Member, Capital Markets Strategic Litigation Advisory Committee, U.S. Chamber of Commerce