Cross-border secured and unsecured financing transactions
Our New York banking team stands ready to assist our clients with all their financing needs in the US. We act as both lender and borrower counsel in a wide range of secured and unsecured lending transactions, often with complex credit enhancement arrangements. We have been involved in many types of lending and financing transactions, from general corporate credit facilities, to acquisition financing, real estate financing, other project financing, and aircraft leasing.
We specialize especially in cross-border financing transactions with multijurisdictional elements. Delivering legal service while not losing sight of the project-specific needs of our clients, we help our clients identify and design the optimal financing structures, and offer them choices of innovative solutions.
Private investment funds and investment adviser regulation
Our investment management team advises our investment and asset manager clients on US-law issues relating to the full life cycle of the funds and asset vehicles they manage, from their initial launch, to ongoing compliance matters, to trading and investments. We provide structuring advice, draft and review fund offering documents, negotiate side letters with investors and trading and service agreements with prime brokers, fund administrators, account custodians, ISDA dealers, and advise on portfolio investments of all asset classes.
We also advise our investment and asset manager clients on regulatory matters, such as registration or filing with the SEC as investment adviser or exempt reporting adviser, ongoing compliance issues under the Investment Advisers Act of 1940, and other regulatory compliance issues related to securities or commodities trading, and the Volcker Rule.
Our financial regulation team is regularly tasked by our financial institution clients to advise on a wide variety of regulatory issues, including issues pertaining to broker-dealers, futures commission merchants, swap dealers and security-based swap dealers, and other financial market participants under the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulation of FINRA and National Futures Association, and bank regulatory issues related to FinTech companies, virtual banks, banking applications, and issues under the Bank Holding Company Act of 1956 (including the Volcker Rule) and other federal and state bank regulations.
Financial products and trading
Our financial products team is steeped in complex structures of securities and non-securities financial products, including structured derivative securities products linked to market performance of various asset classes, structured finance/securitization products backed by various tangible assets, and OTC derivative contracts of various types. We are often called on by our sell- and buy-side clients to help structure and advise on bespoke transactions designed to achieve a particular financial exposure or implement the disposition of a particular financial asset.
We also regularly represent our financial institution clients in negotiating various financial market access documents and service agreements, such as ISDAs, prime brokerage agreements, broker-dealer account agreements, chaperone broker-dealer service agreements, custody agreements, settlement and clearing service agreements, etc.