On June 1, 2022, the United States Attorney for the Southern District of New York and the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation announced the unsealing of a two-count indictment for wire fraud and money laundering against Nathaniel Chastain, a top executive at Ozone Networks, Inc., d/b/a/…
MARY KUAN
PARTNER
Mary Kuan focuses her practice on loan financings and other transactions involving extensions of credit, derivatives, bank debt and financial claims, and capital markets transactions. She has represented clients regarding bespoke and exotic structured products, fixed income and equity forwards, options, total return and credit default swaps and hedge fund linked products and CLOs, and has represented hedge funds and investment banks in warrant, convertible bond and other security offerings, loan restructurings and credit agreements. She also represents hedge funds, private equity funds and financial institutions in connection with the purchase and sale of bank debt, both par and distressed, and trade claims. Her experience extends to secondary market trading issues, including insider trading issues and MNPI questions, as well as regulatory, compliance and corporate governance issues for broker dealers and companies.
Practices
About
Mary’s experience in corporate securities and loans includes negotiating and drafting loan agreements, advising clients regarding distressed debt and high-yield secondary market trading issues, high-yield and investment grade debt analysis and credit agreement analysis including in the context of restructuring for troubled companies, bridge financings, tender offers, consent solicitations, private exchange offers and new offerings.
Mary’s experience in derivatives matters includes advising clients on valuations, close-out, collateral and other issues relating to derivatives with bankrupt or insolvent counterparties or underlying reference entities as well as negotiating and advising regarding prime brokerage arrangements, ISDA master agreements and collateral arrangements, repurchase and stock loan agreements, and exchange-traded futures and options and other trading documents, and also with respect to CLOs and CDOs.
She has extensive experience representing investment banks, hedge funds, private equity firms and public and private companies in financings, public and private offerings of debt, equity and hybrids, exchange offers for companies pre-bankruptcy, reorganizations and refinancings of existing debt in anticipation of bankruptcy.
Education
University of Chicago Law School (J.D., 1999)
Roundtable Law Journal, Articles Editor
University of California at Los Angeles (B.A., summa cum laude, 1996)
Bar Admissions
2000, New York
Languages
Chinese (Mandarin)
Accolades
Phi Beta Kappa
Speaking Engagements
LIBOR Transition: What To Know and How To Prepare
Co-speaker, Kleinberg Kaplan & Demarest Special Webinar, March 2021
COVID-19: Counterparty Trading and Risk Issues for Fund Managers
Co-speaker, Kleinberg Kaplan & Women in Funds Special Webinar, May 2020
Publications
Insider Trading and NFTs
Westlaw Today, June 2022
Insights
Insider Trading and NFTs
June 8, 2022Client AlertsSEC Proposes Overhaul of Beneficial Ownership Reporting, including Accelerated Filing Deadlines, Changes to Group Rules and Treatment of Cash-Settled Derivatives
February 18, 2022Client AlertsOn February 10, 2022, the Securities and Exchange Commission (the “SEC”) announced its proposals to amend Regulation 13D-G and Regulation S-T to address, they said, information asymmetries in financial markets and to modernize the regulations under Section 13 of the Securities Exchange Act of 1934 (the “Exchange Act”) to account for technological and financial innovations. …
A Split in the Track: Transition from LIBOR – SOFR as Accepted New Benchmark Rate vs. Other Alternative Benchmark Rates
December 6, 2021As discussed in our October 26, 2021 client alert, the ICE Benchmark Administration will cease to publish the USD LIBOR benchmarks on June 30, 2023,1 and the Alternative Reference Rates Committee (the “ARRC”) announced its recommendation that the forward-looking Secured Overnight Financing Rate (“SOFR”) term rates published by the CME Group should be utilized as…