Derivatives

Because the law of derivatives has changed in markets throughout the world, you need an experienced, trusted advisor who understands not only derivatives, but the new, global laws that govern this highly technical space.

HOW WE HELP

Our Derivatives practice provides specialized advice by experts who spend the majority of their working hours focused on trading and doing it within the legal bounds. We bring a multi-disciplinary team of lawyers that provide guidance across investment management, pension, corporate, securities, real estate, tax, labor and employment, and financial disciplines. The practice is led by leading practitioners, educators, and pioneers in this area of the law. Litigators within the Derivatives practice are experienced counselors to financial services firms and regularly litigate matters involving derivatives.

OUR SERVICES

We partner with clients operating in leading markets throughout the world on over-the-counter (OTC) derivatives, futures, and other exchange-traded derivatives documentation. We are experienced in derivatives transactions and our practical advice covers:

• Derivative structuring and document negotiation
• Regulatory compliance
• Margin calls and collateral issues
• Tri-party collateral control practices
• Dispute resolution and close-out issues
• Compliance and registration requirements as prerequisites for trading derivatives.
• Enforcement actions and inquiries

Clients benefit from our practical, legal recommendations to manage counterparty risk, regulatory exposure, market and credit risks; all while we monitor the evolving law and market dynamics that may trigger defaults.  Our client work spans nearly all industries from investment management to real estate, oil and gas, renewable energy, automotive, transportation and hospitality.

Our clients include a wide range of funds, investment advisors, major banks and financial institutions, pension funds, governments, traditional and renewable energy companies, educational institutions, real estate firms and REITS, public entities, charities, utility businesses, and other major Fortune 500 companies. Our clients use a wide range of derivatives, including equity, credit, currency, interest rate, credit default swaps and options, for both hedging and speculative purposes.

A central part of our practice is advising clients on cross-border, international issues involving derivatives. For clients based outside of the US or with operations outside of the States, our Derivative attorneys regularly provide training programs focused on Dodd-Frank, derivatives documentation and regulations, and assist in developing best practice International Swaps and Derivatives Association, Inc. (ISDA) documentation within their organizations.

THE SEYFARTH EXPERIENCE

Members of the Derivatives practice include not just legal experts but professionals who have worked in-house in the structuring of derivatives and execution of investment and other strategies involving derivatives. While our lawyers are practical, we also teach derivatives at leading educational institutions. Our written and published work is used in a range of business, legal and educational settings as global derivatives reform continues.