Our attorneys have extensive experience with all aspects of structured products, including:
Establishing, Modifying and Maintaining Programs. Our attorneys have been involved in establishing programs for many financial institutions providing for the issuance of in excess of $125 billion in debt securities. We also have assisted our clients, from time to time, in modifying their outstanding programs to accommodate new product developments, changing regulatory or tax considerations and modifications in prevailing market practice.
Securities Law Compliance. Our attorneys have worked closely with our clients in preparing offering documentation that complies with federal, state and relevant international securities laws, including US banking laws where applicable.
Banking Law Compliance. Our experienced bank regulatory lawyers have assisted those of our clients subject to US and international banking laws in addressing the diverse regulatory issues faced by such institutions when they use programs to raise capital or offer structured products. Our clients include not only US bank holding companies and federal and state chartered banks, but also numerous international banking organizations with US operations.
Executing Transactions. A principal advantage of maintaining a structured product program is to permit prompt execution of transactions with a modicum of new disclosures. Our attorneys specializing in this area have considerable expertise in executing transactions under highly compressed time frames. Their expertise includes familiarity with the various types of linked or indexed note structures prevalent in the market, knowledge of the derivatives market definitions and concepts that are frequently used in preparing a specific offering, and a thorough grasp of the detailed procedures to be followed under various types of programs, including programs registered under the federal securities laws, programs executed under US banking law and programs executed offshore.
Tax Analysis and Disclosure. Our tax attorneys have extensive experience in analyzing proposed note structures and in assisting our clients in preparing appropriate tax disclosure for the various types of structured products that may be issued under a note program.
Assistance in Structuring Products. We are often asked by our client to assist them in developing a new product structure or a variation on an existing product structure. In these circumstances, we are able to apply a broad range of skill sets to assist our client. Product development may involve analysis of applicable securities and banking laws, consideration of customary market practices and procedures, knowledge of the related equity derivatives market and analysis of relevant tax and ERISA issues.
We regularly offer our clients training programs and provide updates on SEC, FINRA and other developments. Our structured products-focused newsletter, titled Structured Thoughts, is regarded as a resource by many in the market. Copies are available by visiting our publications.
Click here for our Legal Resources section, which sets forth frequently requested legal and regulatory materials relating to structured products.
Structured Products Magazine Names Morrison & Foerster Law Firm of the Year for Its Innovative Work