Polsinelli has a long tradition of representing clients in complex financial markets transactions, including OTC derivatives. Polsinelli regularly advises financial institutions and corporate end users in structuring, negotiating and documenting derivatives transactions, on a standalone basis or as part of capital markets, loan or other transactions. Our attorneys have experience in derivatives transactions in all the major asset classes (interest rate, FX, fixed income, commodities and equities) and transaction types (swaps, options, collars, caps/floors, total return swaps, credit default swaps, and forwards), as well as ISDA documentation (master agreements, credit support annexes, protocols) and documentation for major categories of other financial products, such as TBAs, repurchase agreements, securities lending, prime brokerage agreements and related collateral and custody arrangements.
In addition to transactional work, Polsinelli attorneys have been deeply involved in the development and implementation of post-financial crisis derivatives market regulation, including registration and regulation of market participants, mandatory clearing, margin and other regulatory obligations. Our attorneys have participated in SIFMA and ISDA-led advocacy, chaired regulatory implementation working groups, requested no action and interpretive relief from the SEC and CFTC in the context of derivatives regulation and advised clients on all aspects of a changing derivatives regulatory landscape.
Our derivatives clients benefit not just from our legal knowledge surrounding these products, but also from our commercial knowledge and our ability to speak the language of derivatives market practitioners to help clients navigate this corner of the financial markets.
- Represented a real estate fund in a $140 million swap transaction split among multiple borrower entities and syndicated between two dealers.
- Represented a distressed asset fund in a $15 million swap transaction hedging a loan secured by maritime assets.
- Represented a telecommunications company in evaluating request for proposal responses for virtual power purchase agreements related to wind energy production.
- Represented a health care institute in $41 million swap transaction hedging a construction loan.
- Represented a regional financial institution in negotiating terms of inter-bank collateralized derivatives hedging documentation.