Collateral Protection for Financial Assets: Current Legal Trends
Best Practices for Protecting Collateral in a Post-Lehman and MF Global World
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address the impact of the MF Global and other FI bankruptcies and recent market trends and actions being taken to provide additional collateral protection for investors, hedge funds, and financial institutions.
Outline
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Market trends on collateral protection measures for financial assets
- Segregation of collateral
- Custodian and sub-custodian liability issues
- UCC and secured party issues related to new collateral structures
- Insolvency issues related to financial institutions
- Dodd-Frank impact on collateral structures
Benefits
The panel will review these and other key questions:
- What has been the impact of the recent FI insolvencies on collateral structures?
- Discuss potential misconceptions regarding the risks of holding collateral directly with FIs.
- How does the US regulatory system work to protect assets held through the indirect holding system?
- What legal issues need to be considered when segregating collateral?
- Current issues arising under credit support agreements, security agreements and control agreements when segregating collateral.
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Craig S. Unterberg
Partner
Haynes & Boone
He concentrates his practice in the areas of representing borrowers and lenders in secured and unsecured lending and... | Read More
He concentrates his practice in the areas of representing borrowers and lenders in secured and unsecured lending and structured finance transactions, including margin stock lending, private equity and hedge fund financing, syndicated financings, mergers and acquisition financings, and distressed debt transactions. In addition, he provides extensive regulatory advice on margin lending issues.
CloseDaren R. Domina
Partner
Haynes and Boone
He provides advice primarily to securities broker-dealers and registered and unregistered investment advisers on a... | Read More
He provides advice primarily to securities broker-dealers and registered and unregistered investment advisers on a range of registration, regulatory, compliance and inspection/enforcement matters, including regulatory issues relating to private investment funds. He also is involved in matters regarding domestic and offshore private investment funds, securities litigation and general corporate law.
CloseMichele Navazio
Partner
Sidley Austin
He advises hedge funds and other end users with respect to a wide variety of derivatives and account documentation,... | Read More
He advises hedge funds and other end users with respect to a wide variety of derivatives and account documentation, including ISDA master agreements and collateral arrangements, prime brokerage, futures agreements, margin lock-up agreements, repurchase agreements and securities lending agreements, as well as with regard to financial instruments traded under such documentation.
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