September 19, 2021

Volume XI, Number 262

Andrea S. Kramer

Andrea (Andie) S. Kramer has a sophisticated and unique multi-disciplinary legal practice that covers all aspects of financial transaction, derivatives, and cryptocurrency, with a focus on taxation, regulation, contract design, trading operations and documentation. Andie helps clients successfully resolve difficult legal situations, including federal and state regulatory matters, adversarial proceedings, and tax planning and compliance issues while addressing interrelated business objectives, regulatory and legal requirements, and public policy.

In recent years, Andie has focused on federal administrative and legislative counseling, financial risk management and hedging procedures, cryptocurrency, proprietary trading policies, codes of conduct and controls, tax compliance and controversy, and insurance product designs. Andie provides compliance advice with respect to the rules that apply to swap dealers, major swap participants, commercial end users, and financial end users. She works closely with a wide range of market participants to evaluate their use of financial products and cryptocurrency and their effects on their operations, existing contractual relationships, and regulatory and tax obligations. Andie designs, structures and defends a range of financial product transactions, including complex hedging and risk management programs.

Andie is a major contributor to the tax literature on cryptocurrency taxation and reporting obligations for US and international users and transactions, including personal use transactions, miners, stakers, lenders, straddles and mixed straddles, section 1256 contract treatment, wash sales, tax basis, treatment as commodities or securities for tax purposes, and the legal effect of IRS pronouncements with respect to cryptocurrency.

Andie has extensive experience advising energy companies, public utilities, pipelines, generators, power marketers, wind-power companies, commodity traders, dealers and hedge funds. She has conducted workshops on negotiating energy and natural resource contracts in Malaysia, Egypt, Singapore, Gabon, Kenya, Uganda and Côte d’Ivoire.

Andie served as an adjunct professor at Northwestern University School of Law where she taught classes on the taxation of financial derivatives. Andie is a founding member of the Diversity Committee and previously served as founding chair of the Gender Diversity Committee. She has also served on the Firm’s Management Committee and Compensation Committee.

Andie is the author of the three volume treatise, Financial Products: Taxation, Regulations, and Design (3rd Edition with 2020 supplement).


Articles in the National Law Review database by Andrea S. Kramer


Andrea Kramer is a National Law Review Go-To Thought Leader for her 2020 summer series on taxation issues related to digital and cryptocurrency.  Ms. Kramer’s tax analysis of  whether cryptocurrencies should be considered securities, currency, commodities and the tax implications of currency staking and mining activities  provides a great resource for NLR readers interested in learning more about virtual currencies.