Derivatives are a key component of financial markets throughout the world today. White & Case offers in-depth, global expertise in relation to a full range of derivatives transactions and related regulatory concerns, in particular the new regulatory reforms under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the European Market Infrastructure Regulation and the Markets in Financial Instruments Directive. Our well-established presence in New York and London, combined with strategically located offices worldwide, enables us to represent a diverse range of clients in both international and local derivatives matters. We assist clients in using derivatives to meet their financing and risk management needs while simultaneously helping them achieve accounting, investment, legal and tax objectives.

Full-Service Capabilities
Derivatives transactions typically involve complicated interdisciplinary issues. Our global resources allow us to provide clients with a broad scope of integrated and comprehensive legal services across a wide range of relevant Firm practices with respect to all aspects of complex derivatives transactions, including transactions in a cross-border context.

We are recognized as leaders for our innovative approach to solving clients’ derivatives-based issues. We handle the negotiation, documentation, structuring, regulatory concerns and development of a broad spectrum of complex derivative products, including:

• Derivatives in both the over-the-counter (OTC) and exchange-traded markets covering rates, foreign currency, fixed income (CDS) and commodities 
• Cleared OTC transaction agreements 
• Derivatives-linked securities, including complex credit-linked and commodity-linked note programs and other synthetic and hybrid products 
• Commodity derivatives, including energy, metals, coal, oil, and natural gas and emission products 
• Bespoke structured products, including single-tranche structures 
• Funding transactions, including repos and reverse-repos and total return swaps 
• Index and equity-linked notes 
• Forward delivery agreements 
• Fund structures for facilitating synthetic investment opportunities in derivative deals and credit enhancers
• Structured synthetic securitizations

Our Commitment
White & Case is committed to the growth and development of the derivatives market. Our lawyers demonstrate this commitment through their participation in trade and industry associations, service on ISDA drafting committees and task forces and their active involvement in addressing current issues and market innovations in derivatives. In addition, they publish numerous articles on the latest trends and developments in the derivatives market in leading industry publications and are frequent speakers at ISDA Conferences.

Participants in the derivatives market require sophisticated, cutting-edge business and legal representation to help them comply with the changing legal and regulatory landscape and to prosper in an ever-changing business environment. White & Case lawyers have the necessary capability and commitment to help their clients to successfully overcome these difficult challenges and achieve their business goals.

Our lawyers advise financial institutions, (including foreign and domestic banks, dealers, pension plans, investment managers, endowments, private equity, hedge funds, brokers, trading companies and sovereign wealth funds) governmental entities and corporate clients on all aspects of regulatory developments impacting the derivatives market. We have tackled issues including, among others, clearing, margin, capital, commodity pool and commodity trading advisor registration and/or exemption, the scope of product definition, trade reporting, business conduct standards, position limits, and dealer and swap participant registration. They are familiar with necessary modifications to the trade documentation required by the new laws and regulations.

White & Case has advised countless clients on clearing and futures agreements and stands ready to advise clients or market participants looking to clear greater volumes of OTC transactions.