In the lingering aftermath of the 2007-2008 financial crisis, clients depended on our derivatives team for steady, informed guidance—for our thorough understanding of the Dodd-Frank Act and the CFTC and SEC rules that implement them.
Our practice comprises advice on compliance and tax issues, as well as on synthetic and bespoke transactions.
In addition to our familiarity with federal regulation, we closely follow the various ISDA protocols and documentation changes. We keep our clients current on these developments, through our ongoing consultation and client alerts, and advise them on compliance with regulations and regulatory interpretations.
With respect to exchange traded derivatives, we negotiate master account agreements for options and futures with the leading dealers. We also represent clients in a broad array of matters involving both exchange traded and over-the-counter derivative products.
Our practice also includes advising clients on specific derivative trades, including:
- credit default swaps
- total return swaps
- equity swaps
- loan swaps
- commodity derivatives
- synthetic loan facilities
- interest rate swaps
We structure and negotiate derivatives to achieve optimal tax, investment and financing goals within the changing regulatory environment. In particular, we provide guidance as to interpretive issues under the related ISDA Definitions. We also have significant experience with credit default swaps and have closely followed and advised clients on the changes in this area over the past decade. Our firm counsels a member of the ISDA Credit Derivatives Determinations Committee and has been actively involved in advising clients in connection with credit and other events impacting the CDS market.
An area in which our lawyers are particularly well-versed is the negotiation of ISDA-based general forms, such as master agreements, credit support annexes, confirmations, as well as related annexes, supplements and tri-party custodial agreements in addition to cleared derivatives addendums and executing dealer agreements. We also negotiate other trading documents such as prime brokerage agreements, master purchase agreements, master securities loan agreements, and customized agreements with all leading U.S. and international dealers.