Today’s legal and regulatory environment is changing rapidly, most notably through the implementation of the Dodd-Frank Act. Financial services firms rely on us to gauge the impact of fast-moving legislative and regulatory developments on their transactions and businesses, and on the way the OTC derivatives markets operate.

Bingham’s derivatives team provides financial services clients with a full range of derivatives experience and coverage. Bingham’s derivatives experience cuts across the many ways in which derivatives are used by our clients. Our derivatives team handles matters requiring that we:

• Analyze and advise on the impact of the Dodd-Frank Act, and regulatory aspects of derivatives globally

• Analyze and advise on various aspects of swap entity registration, including establishment of compliance programs

• Advise on special collateral arrangements, clearing issues, unwinds, restructurings and close-outs

• Prepare, negotiate and analyze ISDA and other derivatives agreements covering all product classes, including review of existing documentation and creation of templates for new documentation

• Structure, advise on and document innovative derivative products, including those containing credit, equity, commodity and other derivatives components

• Advise on specific credit, equity, commodity and other derivative issues, including recharacterization risks, reporting and other regulatory requirements, hedging and related matters

• Manage and document capital markets and lending transactions with significant derivatives components

• Prepare, negotiate and analyze customized ISDA and other derivatives documentation to meet specific deal needs or specific credit, financial or other requirements

• Advise on appropriate disclosure requirements relating to risks of various derivatives products

• Advise funds and investment managers regarding the fiduciary oversight of the use of derivative instruments.

Bingham’s derivatives team includes lawyers in the firm’s broker-dealer, investment management, structured transactions, restructuring and financial services groups. This means that derivatives advice is not provided in a vacuum; it is combined with a deep knowledge of the business, regulatory and operating environment in which our clients conduct their business.

Providing legal coverage of derivatives matters frequently requires advice on tax, regulatory, futures, insolvency and other issues that require niche legal advice. Bingham’s derivatives team works closely with other departments in the firm and with our lawyers in London, Tokyo, Beijing and Hong Kong to provide seamless and integrated coverage in these matters.