Derivatives & Structured Products

Shearman & Sterling’s Derivatives & Structured Products Group is widely recognized for its sophistication, experience and depth in legal matters involving highly structured derivatives transactions. We represent financial institutions, issuers, asset managers, hedge funds, investors and other end-users in developing, structuring and executing derivatives and structured products, both as stand-alone transactions and as an integral component of capital markets transactions, mergers and acquisitions, project and leveraged finance, asset repackaging, monetization and securitization transactions. Shearman & Sterling also represents leading clearing organizations and infrastructure providers for the derivatives industry.

With significant high-end capabilities in both the US and the UK, the lawyers in our Derivatives & Structured Products Group focus on applying their skill sets across the full spectrum of English and US law financial products, including in the context of restructurings and refinancings. We advise clients on the full range of structural, legal and documentation considerations that arise in derivatives and structured product transactions across all major asset classes, including credit, equity, fixed-income, currency and commodity-linked instruments. We also advise clients with respect to structuring collective investment vehicles such as hedge funds and commodity pools that access the securities and derivatives markets.

Together with our Capital Markets and Financial Institutions Advisory & Financial Regulatory practices, we regularly counsel clients on regulatory and legal issues arising under securities laws, commodities laws, insolvency laws and banking laws in connection with derivatives and structured products. We provide seamless global service and advice to a full range of market participants in an environment where current regulatory developments in the US and EU are critical to our clients’ businesses. Additionally, our ability to advise on both regimes is crucial in many complex derivatives and structured products transactions.

We are recognized for our work with derivatives infrastructure providers and brokers. We serve as longstanding counsel to commodity futures and options exchanges and clearing houses. We also advise our banking clients on large bespoke derivatives transactions and project-related work. Notably, our clients include hedge funds, broker-dealers and large investment banks as well as corporations using derivatives for risk management and other purposes.

We work on a wide range of derivatives and structured products matters, including:

  • Trading Documentation – We represent numerous hedge funds and other market participants in connection with their trading documentation, including ISDA, repo and securities lending agreements.
  • Bespoke Derivatives Transactions – We advise financial institution and other clients in a wide range of negotiated and highly structured derivatives transactions.
  • Counterparty Credit Risk and Insolvency Issues – We assist market participants in managing their exposure to troubled institutions, including analysis of derivatives and other exposures and advice regarding termination, liquidation, netting and setoff rights with respect to positions and collateral.
  • Derivatives Clearing and Infrastructure – We have assisted in the establishment of clearing organizations and other infrastructure providers for derivatives.

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