This program will provide an overview of legal aspects of the negotiation and documentation of derivatives transactions, beginning with the basics and continuing to more advanced negotiation points and current "hot issues."
This program was recorded on October 16, 2008.
Glen A. Rae
Head of Global Equities Legal
Banc of America Securities
Jack I. Habert
Willkie Farr & Gallagher LLP
Jack I. Habert is special counsel in the Corporate and Financial Services Department of Willkie Farr & Gallagher LLP in New York. Mr. Habert specializes in structuring and documenting complex over-the-counter and capital markets derivative products and regulatory analysis of securities, commodities and insolvency issues relating to derivative products. He advises several major investment banking firms and hedge funds as well as other financial entities as either providers of or end users of such derivative products.
Robert M. McLaughlin
Robert M. McLaughlin concentrates on financial transactions with an emphasis on over-the-counter derivatives, structured products, synthetic investments and credit extensions, as well as debt trading. He represents hedge funds, investment and commercial banks, corporations, mutual funds, individual investors, asset managers and government-sponsored entities in structuring and executing a wide array of financial derivatives and structured products, including equity and credit swaps, options and forwards and synthetic investments in collateralized debt obligations, hedge fund interests and other asset classes. He also represents foreign and domestic financial institutions, mutual funds and corporations in secured and unsecured financings. In addition, Mr. McLaughlin advises derivatives market participants on legislative and regulatory developments. Mr. McLaughlin is the author of Over-The-Counter Derivative Products: A Guide to Business and Legal Risk Management and Documentation, with a Foreword by Peter Tufano, Harvard Business School (McGraw-Hill 1999). He is a member of the Board of Editors of Futures & Derivatives Law Report and of the Committee on Futures Regulation of the New York City Bar. He was the Chair of the Committee's futures and derivatives programs held December 2004 and December 2005. He has also been a Guest Lecturer on derivatives and risk management at Fordham University School of Law. Mr. McLaughlin received his A.B. from Dartmouth College in 1979 and earned his J.D. from the New York University School of Law in 1983. He is admitted to practice before the Bar of New York.
Conrad G. Bahlke
Weil, Gotshal & Manges
Conrad G. Bahlke is a partner in Weil, Gotshal & Manges's Structured Finance/Derivatives Practice. He has represented commercial and investment banks, corporations, investment funds (including private equity funds, Hedge funds and mutual funds), sovereign nations and central banks, pension plans and individuals in structuring and entering into a broad variety of derivative instruments and commodities transactions, including credit derivatives, equity derivatives, physical commodity and energy derivatives, weather derivatives, structured derivatives, structured notes, synthetic collateralized debt obligations, and interest-rate and currency products. Mr. Bahlke also advises clients on related bank regulatory and commodities regulatory matters. He represents clients before bank regulatory and commodities agencies on acquisitions, regulatory audit, registration can compliance matters. Mr. Bahlke has advised on litigation, and has mediated disputes, related to derivatives. He has worked extensively with clients in structuring electronic and internet-based derivatives and commodities trading and other routing systems. Mr. Bahlke is a frequent speaker and writer on derivatives, commodities and banking topics. He has appeared before the President's Working Group on Financial Markets to discuss issues that the volatility experienced by capital markets in autumn 1998 raised for the derivatives market. Mr. Bahlke is a member of the American Bar Association's Committee on Futures and Derivatives Instruments, co-chairs the ABA's Subcommittee on Bank Participation in the Futures Markets and is a member of the Committee on Futures Regulation of the New York City Bar Association. Mr. Bahlke received his undergraduate degree, with high honors, from Oberlin College in 1980, where he was elected to Phi Beta Kappa. He received his law degree and M.B.A. from the University of Chicago in 1984. He has held prior positions with the Federal Reserve Board and the Chicago Board of Trade. Mr. Bahlke recently received the 2007 National Public Service Award of the American Bar Association's Business Law Section for his pro bona work with the United Nations World Food Programme on the world's first humanitarian relief-related weather derivatives transaction.