Derivatives
Attorneys at Latham & Watkins advise clients with respect to the full range of over-the-counter (OTC) and exchange-traded derivative products. Our derivatives practitioners have vast experience with swap, option and structured-note transactions involving established products such as interest rates, currencies, commodities, securities and credit. In addition, we provide counsel with respect to emerging products and structures such as those relating to weather, longevity and property derivatives. Our attorneys have extensive experience with the full life cycle of relevant products, from new product development and assessment to transaction execution and documentation, on-going legal risk management (including dealing with defaults) and responding to regulatory inquiries and customer complaints and litigation.
Product Knowledge
Our global Derivatives Practice Group members have practical knowledge of swaps and derivatives across all asset classes. Our attorneys bring to bear on every transaction the unique perspective of having completed derivatives work for a wide range of clients, including commercial and investment banks, broker-dealers, insurance companies, investment companies, private equity firms, industrial companies, hedge funds, pension funds, limited partnerships and sponsors of special purpose corporations. In addition, our attorneys follow market developments closely and participate in derivatives industry initiatives such as the International Swaps and Derivatives Association (ISDA) documentation projects. The derivatives team is closely integrated with other Latham practice groups, allowing the firm to provide multidisciplinary legal advice regarding complex derivatives issues that implicate a number of different laws and regulatory schemes such as those relating to commodities, banking, securities, insolvency, partnerships and tax.
Transaction Expertise
The heart of the Derivatives Practice at Latham & Watkins is our work on complex OTC derivatives transactions. Whether our clients are engaging in derivatives for hedging, investment or arbitrage purposes and whether their deals involve a single jurisdiction or multiple jurisdictions, we help our clients achieve their specific business objectives through careful but commercially realistic attention to structuring, documentation and negotiation. Our attorneys have particular expertise in the areas of credit, equity and commodity derivatives. We have experience with all types of derivative structures ranging from simple swaps, forwards and options to sophisticated hybrid securities and we also have a thorough understanding of the related credit and collateral issues.
Non-Transactional Expertise
Our derivatives attorneys also assist clients with derivatives issues unrelated to specific transactions. We have structured derivatives programs for on-going, tax-efficient swap and structured-note activity. In addition, we have conducted comprehensive legal audits of client swap operations. Our derivatives attorneys collaborate with attorneys in the firm's highly regarded litigation department to help clients facing derivatives-related investigations and litigation.