White & Case
 
Ian Cuillerier
Partner
New York

T: + 1 212 819 8200
F: + 1 212 354 8113
E:
Practice Experience
Ian Cuillerier leads White & Case's Global Derivatives Interest Group and serves as the Canada Country Practice Head. Mr. Cuillerier has extensive experience representing investment and commercial banks, corporations, private equity funds and hedge funds in derivative transactions and structured investments. He also has extensive experience in representing and advising firms on derivatives regulatory matters, including regulatory changes introduced by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Relevant experience includes:
  • Counsel to parties in structured finance transactions and their restructurings. Advised as to rights of parties under derivatives transactions upon such restructurings and rights of parties upon bankruptcies of counterparties.
  • Represented parties in hedging and credit enhancement transactions and risk management structures involving derivatives, including total return swaps, credit default swaps, forward delivery agreements and others.
  • Counsel to parties in hedging documentation in commodity transactions including emission allowances, power and fuel.
  • Counsel to sponsor in various synthetic securitizations, catastrophe bonds and credit default swaps and other risk management strategies involving alternative risk transfer techniques.
  • Counsel to swap providers and hedge funds in total return swap and credit default swap transactions in the fixed income market.
  • Counsel to sponsors, borrowers, equity investors and lenders in the development and financing of manufacturing facilities, energy power plants and related assets.
  • While practicing in Montreal, Canada, represented large institutional investors in connection with risk capital investments, and represented private corporations in connection with acquisitions and divestitures.

Bars and Courts
New York State Bar, 1996
Massachusetts State Bar, 1996

Education
BCL, McGill University Faculty of Law, 1995
LLB, McGill University Faculty of Law, 1995
HBA, University of Western Ontario, 1991

Professional Associations and Memberships
American Bar Association, Derivatives and Futures Law Committee of the Business Law Section, Member
New York City Bar, Member
Futures & Derivatives Law Report (Published by Thomson/West Legalworks), Member of Editorial Board

Publications
Co-author, "The SEC Has Spoken – Offering Proposed Roles on Cross Border Security –Based Swap Activities." Futures & Derivatives Law Report, Volume 33, Issue 7, July/August 2013
Co-author, "CFTC and SEC Publish Rules Defining Entities That Will Be Classified as Dealers, Major Participants in Derivatives Market," Bloomberg BNA: Securities Regulation & Law Report, Volume 44, Number 24, June 11, 2012
Co-author, "Swap Dealers, Major Swap Participants & Eligible Contract Participant," Derivatives Week, Volume XXI, Number 20, May 21, 2012
Co-author, "Lehman Bankruptcy Court Denies Contractual Right to Triangular Setoff," Futures & Derivatives Law Report, Volume 32, Issue 2, February 2012
Co-author, "CSX Corp. v. Children's Investment Fund Management (UK) LLP: Disclosure Requirements in the Context of Total Return Swaps," Futures & Derivatives Law Report, Volume 31, Issue 11, December 2011
Author, "Chartering through unnavigated waters - US considers regulating credit default swaps," complinet.com, December 2008
Author, "Amaranth Advisors and the FERC's regulatory authority," Journal of Derivatives & Hedge Funds, Volume 14, Number Two, August 2008
Author, "US Legal and Regulatory Developments: Prohibition on Energy Market Manipulation," Derivatives Use, Trading & Regulation, Volume 12, Numbers One/Two, May/August 2006
Author, "US Legal and Regulatory Developments: Validity of Commodity Futures Trading Commission's Policy Statement concerning swap transactions reaffirmed; CFTC Reauthorization Act of 2005," Derivatives Use, Trading & Regulation, Volume 11, Number Four, February 2006
Author, "US Legal and Regulatory Developments: Registration under the Investment Advisors Act 1940 of Certain Hedge Fund Advisors," Derivatives Use, Trading & Regulations, Volume 11, Number Three, December 2005
Author, "US Legal and Regulatory Developments: Financial Contract Provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," Derivatives Use, Trading & Regulation, Volume 11, Number Two, September 2005

Speaking Engagements
American Bar Association, Derivatives and Futures Law Committee Winter Meeting, "Ethics" Panel, Florida, February 8, 2014
International Swaps and Derivatives Associations, "Understanding the 1994 ISDA Credit Support Amex (Security Interest – New York Law) and Updates in Collateral Issues Conference," 'Understanding the 1994 ISDA Credit Support Annex (Security Interest – New York Law)' Panel, New York, January 30, 2014
The Canadian Institute's 9th "Derivatives Reform," 'A Canadian Perspective on Dodd-Frank Title VII (OTC Derivatives): Key aspects affecting your business and how to prioritize your obligations,' Panel and 'Deconstructing your Dodd-Frank Implementation Challenges: An Industry Case Study' Panel, Toronto, Canada, January 29, 2014
International Swaps and Derivatives Associations, "SEFs, CCPs, and SDRs: An Examination and Review for the Buyside," 'CFTC Recordkeeping and Reporting' Panel, New York, November 21, 2013
New York City Bar, City Bar Center for CLE "Dodd-Frank & Derivative Status Update," "Cross Border – What is the status of the cross border Regulation of derivatives & How are the CFTC & SEC harmonizing their approach with other jurisdictions," New York, November 8, 2013
International Swaps and Derivatives Associations, "Understanding the 1994 ISDA Credit Support Annex (Security Interest – New York Law) and Updates in Collateral Issues Conference," 'Understanding the 1994 ISDA Credit Support Annex' Panel, New York, September 24, 2013
International Swaps and Derivatives Associations, "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, New York, September 23, 2013
International Swaps and Derivatives Association's "Understanding Collateral Arrangements and the ISDA Credit Support Documents Conference," 'Understanding the 1994 ISDA Credit Support Annex' Panel, New York, May 8, 2013
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, New York, May 7, 2013
New York City Bar, City Bar Center for CLE "Futures and Derivatives Conference," ‘Regulation of Derivatives in a Post Dodd-Frank World' Conference Chair, New York, May 6, 2013
The Canadian Institute's "8th Advanced Forum on Derivatives," 'Operational Changes You Need to Implement Now for Compliance with US Influenced Regulatory Reform,' Toronto, Canada, January 29, 2013
International Swaps and Derivatives Association's "Understanding Collateral Arrangements and the ISDA Credit Support Documents Conference," 'Understanding the 1994 ISDA Credit Support Annex' Panel, New York, January 10, 2013
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, New York, January 9, 2013
New York City Bar, City Bar Center for CLE "Futures and Derivatives Conference," 'Recent Dodd-Frank Rulemaking & Developments' Panel, New York, December 10, 2012
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," "Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents" and "Overview of the US Regulatory Reform Legislation and the ISDA" Panels, New York, October 16, 2012
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, May 17, 2012
International Swaps and Derivatives Association's "Fundamentals of Derivatives Seminar," 'Counterparty Credit Risk Legal Considerations and The ISDA Master Agreement' New York, May 16, 2012
New York City Bar, City Bar Center for CLE "Futures and Derivatives Conference," 'The Three Key Documentational Standards' Panel, New York, May 3, 2012
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' and 'Overview of the US Regulatory Reform Legislation' Panels, New York, February 2, 2012
International Swaps and Derivatives Association's "Fundamentals of Derivatives Seminar," 'Counterparty Credit Risk Legal Considerations and The ISDA Master Agreement,' New York, February 1, 2012
The Canadian Institute's "7th Advanced Forum on Derivatives," 'Overview of US Regulatory Reform Legislation – Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act,' Toronto, Canada, January 24, 2012
RR Donnelley's "Hot Topics in Cross Border Securities Seminar," 'New Developments' Panel, Toronto, June 22, 2011
New York City Bar, City Bar Center for CLE "Futures and Derivatives Conference," 'Impact of New Legislative & Regulatory Reforms' Panel, New York, June 10, 2011
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' and 'Overview of the US Regulatory Reform Legislation' Panels, New York, June 8, 2011
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, March 30, 2011
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, January 26, 2011
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, Chicago, November 9, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, Washington, DC, October 27, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, September 15, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, June 9, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, Boston, May 19, 2010
New York City Bar, City Bar Center for CLE, "Futures and Derivatives Conference," 'Review of Existing Regulatory Framework for Futures and OTC Derivatives' Panel, New York, April 9, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'Documenting OTC Derivative Transactions and Recent Issues in Derivatives Documents' Panel, New York, March 24, 2010
International Swaps and Derivatives Association's "Fundamentals of Derivatives Seminar," 'Counterparty Credit Risk: Legal Considerations and the ISDA Master Agreement' Panel, New York, March 23, 2010
The Canadian Institute's "Advanced Forum on Derivatives Conference," 'Preparing and Responding to OTC Derivatives Regulatory Trends and Developments: What Steps Do You Need To Take?' Panel, Toronto, January 21, 2010
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, San Francisco, December 2, 2009
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement' Panel, Stamford, November 10, 2009
International Swaps and Derivatives Association's "Understanding the ISDA Master Agreements Conference," 'The 2002 ISDA Master Agreement including Close-outs' Panel, Toronto, September 10, 2009
New York City Bar, City Bar Center for CLE, Corporate & Securities' "Developing Issues in Derivatives Law 2009" Panel, New York, May 18, 2009
International Swaps and Derivatives Association's "Energy, Commodities and Developing Products Conference," 'North American Oil Transactions' Panel, London, April 1, 2009

Languages
English
French

Citizenship
Canada