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The Derivatives and Structured Products practice, selected as one of the preeminent practices in the United States for its derivatives and private equity work by Best Law Firms (2011), published by U.S. News and Best Lawyers, specializes in the negotiation of master agreements and transaction documentation that span the range of diverse and complex derivatives products. Our clients include domestic and international investment funds, fund managers and investment advisers, as well as major financial institutions. Whether we are representing the issuer of an equity-linked or credit-linked note program, or a hedge fund client negotiating an entire suite of trading documents with a prime broker, our derivatives attorneys have the specialized knowledge and experience to understand the relevant legal, credit and business issues that our clients regularly face.
Our attorneys possess in-depth knowledge of our clients' business objectives and legal structure. Our experience negotiating on behalf of both dealer and end-user clients allows us to strategically evaluate the needs of the various derivatives market constituencies and to offer innovative solutions to seemingly intractable issues.
Lowenstein Sandler is a member of the International Swaps and Derivatives Association (ISDA), the industry's leading trade association, and we actively participate on various ISDA committees. We are also involved in various derivatives and structured finance committees of the New York State Bar Association and the Association of the Bar of the City of New York. Our attorneys have chaired and spoken at numerous industry conferences and written extensively about significant derivatives documentation issues for the major trade publications. Our broad industry participation enables our attorneys to closely monitor developments in the derivatives marketplace, and to cultivate professional relationships that facilitate complicated document negotiations.
We regularly counsel our clients on:
- Negotiating ISDA Master Agreements and master confirmation agreements on behalf of hedge funds and other pooled investment vehicles
- Negotiating and drafting prime brokerage, repurchase, securities lending, cross margining and netting, and other customer account agreements
- Acting as underwriter's counsel for financial institutions' equity-linked notes programs
- Representing financial institutions in cases involving various forms of structured products, such as collateralized debt obligations (CDOs) and derivatives transactions, including credit default swaps
- Negotiating entire suites of agreements required for funds to enter into a derivatives trading relationship with a financial institution
- Reviewing trade confirmations for legal issues and to ensure that each confirmation agreement accurately memorializes the business deal between the parties
- Devising risk-reducing compliance procedures for clients buying and selling derivatives products
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