Our lawyers have extensive experience with all aspects of structured products, including establishing, modifying, and maintaining programs.
Our lawyers have been involved in establishing programs for many financial institutions, providing for the issuance of more than $125 billion in debt securities. We have also assisted our clients with modifying their outstanding programs to accommodate new product developments and changing regulatory and tax considerations and modifications in prevailing market practice. Our platforms range from registered notes sold to retail investors, complex exchange traded notes, Rule 144A offerings sold to qualified institutional buyers, European medium-term note programs, and unregistered bank note programs to structured certificate of deposit programs.
Securities Law Compliance. Our lawyers have worked closely with our clients when preparing offering documentation that complies with federal, state, and relevant international securities laws.
Banking Law Compliance. Our experienced bank regulatory lawyers have assisted our clients subject to U.S. and international banking laws in addressing the diverse regulatory issues faced by these institutions when they use programs to raise capital or offer structured products. Our clients include not only U.S. bank holding companies and federal and state chartered banks but also numerous global banking organizations with U.S. operations.
Executing Transactions. A principal advantage of maintaining a structured product program is the ability to permit prompt execution of transactions with a modicum of new disclosures. Our lawyers specializing in this area have considerable experience in executing transactions under highly compressed time frames. Their deep experience 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 U.S. banking law, and programs executed offshore.
Tax Analysis and Disclosure. Our tax lawyers have extensive experience in analyzing proposed note structures and in assisting our clients in preparing appropriate tax disclosures 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 clients to assist them in developing new product structures, variations on existing products, and new proprietary indices. In doing so, we are able to apply a broad range of skill sets. 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, “Structured Thoughts,” was the first law firm newsletter dedicated to developments in the structured products industry. Please see below for previous issues.
Client Stories - We're Only as Good as Our Last Deal
Read more about what we've been up to lately (documents in pdf format):
Derivatives and Structured Products
Structured Finance and Insurance-Linked Products
Frequently Asked Questions
To learn about MoFo’s FAQs ebook, click here.
Chambers Asia-Pacific 2018 Asia-Pacific: Capital Markets: Equity China: Capital Markets: Equity: International Firms Japan: Banking & Finance: International Firms Japan: Capital Markets: Domestic Japan: Capital Markets: International: US Law
Chambers Global 2018 Asia-Pacific: Capital Markets: Equity China: Capital Markets: Equity: International firms Japan: Capital Markets: Domestic Japan: Banking & Finance: International Firms Japan: Capital Markets: International: US Law United States: Capital Markets: Debt & Equity United States: Capital Markets: Derivatives
Chambers UK 2018 Debt Capital Markets
Chambers USA 2018 National: Capital Markets: Derivatives National: REITS
EQDerivatives Awards 2016 Equity Derivatives Law Firm of the Year
Financial Times: US Innovative Lawyers Overall winner of the Innovation in Social Responsibility category, 2016 One of four firms ranked “Standout” in the category of New Products and Techniques, 2016 One of four firms ranked “Standout” in the category of Enabling Clients Business, 2015 One of five firms ranked “Standout” in the category of Finance, 2012
GlobalCapital Americas Derivatives Awards Americas Law Firm of the Year 2015 – 2017U.S. Law Firm of the Year – Transactions 2018
GlobalCapital Global Derivatives Awards 2016, 2017 Global Law Firm of the Year
GlobalCapital Syndicated Loan, Leveraged Finance and Private Placement Awards 2016 Private Placements Law Firm of the Year
IFLR1000 2018 China: Private Equity – Foreign Firms Hong Kong: Capital Markets: Equity Hong Kong: Capital Markets: Debt Japan: Capital Markets: Equity Japan: Capital Markets: Equity Foreign Firms Japan: Capital Markets: Debt Japan: Capital Markets: Debt Foreign Firms United States: Capital Markets: Debt United States: Capital Markets: Equity United States: Capital Markets: Derivatives United States: Capital Markets: Structured Finance and Securitisation United Kingdom: Capital Markets: Debt United Kingdom: Capital Markets: Derivatives
IFLR Americas Awards Structured Finance and Securitisation Deal of the Year, 2013 Structured Finance and Securitisation Team of the Year, 2015
Legal 500 Asia-Pacific 2018 Japan: Capital markets: International firms and joint ventures Hong Kong: Capital markets (equity)
Legal 500 UK 2017 Debt Capital Markets Derivatives and Structured Products
Legal 500 US 2019 National: Capital Markets: Debt Offerings: Advice to Issuers National: Capital Markets: Debt Offerings: Advice to Underwriters National: Capital Markets: Equity Offerings: Advice to Issuers National: Capital Markets: Equity Offerings: Advice to UnderwritersNational: Structured Finance: Derivatives and Structured Products National: Structured Finance: Securitization
mtn-i Americas Awards 2013 Legal Leader
Operational Risk & Regulation Awards 2013 Law Firm of the Year
StructuredRetailProducts.com 2012, 2013, 2014, 2015, 2017, 2018 (shortlist) Best Law Firm in the Americas
Structured Products magazine 2006, 2007, 2009, 2011, 2012, 2014, 2016 Law Firm of the Year, Americas
Thomson Reuters Accelus Compliance Awards 2012, 2014 One of Five Firms Shortlisted for Best Regulatory Law Firm of the Year
U.S. News – Best Lawyers® Best Law Firms 2018 National: Derivatives and Futures Law (Tier 1) National: Securities/Capital Markets Law (Tier 1) National: Securitization and Structured Finance Law (Tier 1) National: Securities Regulation (Tier 1) National: Banking and Finance Law (Tier 1)
Structured Products Brochure
Structured Products Legal Resources Frequently requested legal and regulatory materials
"Law Firm of the Year, Americas" for Seven of the Last Eleven Years
Best Law Firm in the Americas, StructuredRetail Products.com (2012, 2013, 2014, 2015 and 2017)
“The ‘highly knowledgeable’ team at Morrison & Foerster LLP is recommended for its broad structured products practice.” (Legal 500 USA 2014)
©1996-2019 Morrison & Foerster LLP. All rights reserved.