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

Conducted on Tuesday, December 4, 2012
Recorded event now available

This CLE webinar 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.


In the post-Lehman and MF Global environment, certain investors and financial institutions are taking a second look at how to sufficiently protect their collateral/assets in the event of a counterparty’s insolvency.

Investors posting collateral under swaps and other financial contracts and assets are considering the benefits of posting certain collateral with third-party custodians.

In addition, financial institutions are providing assurances that the assets of their investors will continue to be properly protected when held directly with their institutions.

Listen as our authoritative panel of attorneys discusses the continued integrity of the asset protection systems in the U.S. and the importance for financial institutions to maintain properly perfected liens and control over their collateral even in this changing environment.


  1. Market trends on collateral protection measures for financial assets
    1. Segregation of collateral
    2. Custodian and sub-custodian liability issues
    3. UCC and secured party issues related to new collateral structures
  2. Insolvency issues related to financial institutions
  3. Dodd-Frank impact on collateral structures


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.


Craig S. Unterberg, Partner
Haynes & Boone, New York

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.

Daren R. Domina, Partner
Haynes and Boone, New York

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.

Michele Navazio, Partner
Sidley Austin, New York

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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Bankruptcy Law Advisory Board

Mark N. Berman

Adjunct Professor

Northeastern University

Michael E. Foreman



Matthew Gensburg


Greenberg Traurig

Brian E. Greer



Douglas Lipke


Vedder Price

Victor Milione


Nixon Peabody

Steven B. Smith

Senior Consultant

JND Corporate Restructuring

Michael Solow


Kaye Scholer

Robert A. Weber


Skadden Arps Slate Meagher & Flom

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