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Derivatives

In the ever-evolving global marketplace, especially in light of the current LIBOR transition, we provide our clients with legal, business, and practical insights so they can navigate complex transactional and regulatory issues surrounding derivatives.

Our Focus

The Derivatives practice is an integrated group of attorneys who utilize the experience and knowledge of ArentFox Schiff’s wider related practices:

Our lawyers handle the spectrum of derivatives transactions and help our clients understand and manage the risks involved. We represent parties engaged in a range of interest rate and other derivative products, including interest rate swaps, caps and collars. We also have experience in commodity swaps, credit default swaps, total return swaps, and similar derivative products.

How We Help

General

  • Board and Senior management education
  • Benefits and risks of derivatives including financial, disclosure, and other legal ramifications
  • Prepayment issues
  • Dangers of relying solely on third-party recommendations
  • Relevant litigation developments

LIBOR Transition

  • Transition plan development
  • Legal review focusing on ‘industry-standard’ LIBOR transition documents
  • SOFR and other benchmark replacement concerns including mismatching of loan/swap provisions
  • Regulator guidance
  • Recent Federal and New York legislation, and critical UK developments

Who We Help

  • Federal and State Governmental Entities
  • Corporations
  • Real Estate Borrowers
  • Nonprofits and Associations
  • Hospitals and Health Systems
  • Senior Living Providers
  • Insurance-Related
  • Financial Institutions (including Regional/Trustee Banks)

Key Contacts