Our Derivatives practice assists clients with respect to a variety of OTC derivative and exchange traded transactions, including documentation and the impact of related regulations under the Dodd-Frank Act and the U.S. Commodity Exchange Act. Our attorneys advise a wide spectrum of U.S. and non-U.S. market participants, including swap dealers, futures commission merchants, sovereign entities, pensions, hedge funds, commodity pools, financial institutions, trade groups and corporate end-users on internal documentation, board resolutions, policies, legal opinions, affiliate and third-party agreements, and capital market transactions.
We assist clients through a variety of vanilla and bespoke derivatives, including interest rate hedges, FX transactions, equity and credit default swaps, total return swaps, ESG swaps and various commodity forwards, options, swaps and futures transactions. For documentation, we regularly review and negotiate ISDA documentation, credit support annexes and other collateral documents, long-form confirmations, futures account agreements and clearing related documentation. We advise financial institutions and other lenders regarding use and treatment of derivative products in various single-investor and syndicated credit facilities, and asset securitizations. We also help clients, including registered and non-registered entities, design and review their internal compliance programs by preparing compliance manuals or swap/hedging policies.
For clients unsure or considering the use of swaps and other derivatives, we help clients appreciate various risks and issues associated with such decisions. Whether a client is considering a one-off decision to hedge a loan, a regional bank or broker is considering new products and any regulatory implications, or a swap dealer or clearinghouse has questions about recent developments in market practice and regulatory changes, our attorneys have the experience and background to provide valued counsel and assistance.
Moore & Van Allen is an associate member of the International Swaps and Derivatives Association, Inc. and our attorneys are active members ISDA and broader market developments. We participate in panels at the ABA Annual Futures and Derivatives Law Committee Conference, FIA Law and Compliance Conference in Washington, DC, the Managed Funds Association New York Conference, and the American Conference Institute’s National Advanced Summit on Swaps and Derivatives Global Market Regulation.
Our attorneys that are members of the Swaps, Derivatives and Structured Products group are also members of the cross disciplinary group at the firm focused on LIBOR and Environmental, Social & Corporate Governance transition issues.
- Ed Ivey quoted in Climate Risk Review article: Pleas of "force majeure" offer no protection from climate financial risksClimate Risk Review, 04.2021
- Best Lawyers, 08.2019