Derivatives

Attorneys in Seyfarth’s Derivatives practice advise clients operating in leading markets throughout the world with respect to over-the-counter (OTC) derivatives, futures and other exchange-traded derivatives documentation. We are experienced in derivatives documentation and handle a wide range of related statutory law, regulation, litigation and enforcement proceedings.

 
Our Derivatives practice is a multi-disciplinary team of lawyers that cuts across our corporate, securities, real estate, tax, labor and employment, and financial litigation groups, but is led by leading practitioners in this area of the law. 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. Litigators within the Derivatives practice are experienced counselors to financial services firms and regularly litigate matters involving derivatives. We also advise with respect to compliance and registration requirements as prerequisites for trading derivatives.
 
Our clients include a wide range of funds, investment advisors, major banks and financial institutions, pension funds including the largest American company pension, governments, traditional and renewable energy companies, the largest oil company in Asia, educational institutions, real estate firms and REITS, public entities, charities, educational and other endowments, foundations, the largest commodity trading firm in the world and a leading European utility, 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 U.S. 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.
 
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. Attorneys in the firm’s Derivatives practice are active in leading industry and regulatory groups, including the ISDA and the Futures Industry Association (FIA).