Ian Cuillerier | White & Case LLP International Law Firm, Global Law Practice
Ian Cuillerier
Ian Cuillerier

Ian Cuillerier

Partner, New York

T +1 212 819 8713

T +1 212 819 8200

E icuillerier@whitecase.com

in LinkedIn profile

Ian Cuillerier of White & Case LLP is noted for the strength of his regulatory practice, which includes significant cross-border expertise. Sources praise his “sharply-honed business acumen and accessibility.”

Chambers Global, 2016

Overview

Head of White & Case's Global Derivatives Interest Group, as well as the Firm's practice in Canada, Ian offers clients the benefit of his extensive knowledge and hands-on experience.

Investment and commercial banks, private equity and hedge funds look to Ian for his substantial reputation and track record in derivative transactions and structured investments.

Ian is also a noted authority on regulatory matters, and helps clients to navigate the complex legal issues that arise from regulatory change, including challenges presented by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

He is a prolific writer and speaker on global derivatives and regulatory affairs, sharing his experience and knowledge in industry journals as well as at major legal, financial and regulatory events.

Bars and Courts

  • New York State Bar

Education

  • BCL, McGill University Faculty of Law
  • LLB, McGill University Faculty of Law
  • HBA, University of Western Ontario

Languages

  • English
  • French

Experience

Structured finance transactions and restructurings

Ian has acted as counsel to clients in numerous, complex and large-scale structured finance transactions and their restructurings. He has advised parties on their rights under derivative transactions following restructuring and the bankruptcies of counterparties.

Hedging and credit enhancements

Ian has represented parties in hedging and credit enhancement transactions and risk management structures that involve derivatives. His work in this area has included total return swaps, credit default swaps and forward delivery agreements.

Hedging in commodity transactions

Ian has advised clients on hedging documentation in commodity transactions, including emission allowances, power and fuel.

Alternative risk transfer techniques

Acting as counsel to sponsors involved in synthetic securitizations, catastrophe bonds, credit default swaps and other risk management strategies, Ian has delivered valuable insight and guidance on alternative risk transfer techniques.

Fixed income swaps

Ian has advised swap providers and hedge funds in total return swap and credit default swap transactions in the fixed income market.

Plant and asset finance

Ian has provided counsel and guidance to sponsors, borrowers, equity investors and lenders, in the development and financing of manufacturing facilities, energy power plants and related assets.

Risk capital investments, acquisitions and divestments

While practicing in Montreal, Canada, Ian represented large institutional investors in connection with risk capital investments. He also represented private corporations on acquisitions and divestitures.

Speaking Engagements

"Commodity Exchange Act Basics for Lawyers", April 27, 2016: The Commodity Futures Trading Commission (CFTC) & Its Jurisdiction, City Bar Center for Continuing Legal Education,
New York
, Speaker

"It's a Bifurcated World: Defaults, Remedies and Collateral Basics Under ISDA Documentation and US Clearing Regimes", March 1, 2016: Managing Counterparty Risk in 2016 and the Future: Current Issues for Risk Managers and Legal Practitioners, International Swaps and Derivatives Association, Global Finance Conference Center,
New York
, Speaker

"Negotiating the Schedule to the 2002 ISDA Master Agreement", November 19, 2015: ISDA Master Agreement and Credit Support Annex: Negotiation Strategies, International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

"Seminar: Operational and Legal Risk Management Aspects for the Public Sector", November 10, 2015: El Banco Centroamericano de Integración Económica, International Swaps and Derivatives Association and Citi, Hotel Real Intercontinental,
Puerto Rico
, Speaker

"Negotiating the Schedule to the 2002 ISDA Master Agreement: Understanding the ISDA Master Agreements Conference", November 3, 2015: International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

"Principal Issues for Consideration and Negotiation in Derivatives Documentation-Cleared and Uncleared", October 20, 2015: Advanced Swaps & Other Derivatives 2015, Practicing Law Institute, Webcast,
New York
, Moderator

"Regulatory Update – Dodd Frank – EMIR & Cross Border Transactions", September 16, 2015: 7th Annual Capital Link Global Commodities, Energy & Shipping Forum, Metropolitan Club,
New York
, Speaker

"Understanding the ISDA Master Agreements Conference, Including an Overview of the Regulatory Changes to ISDA Documentation: Negotiating the Schedule to the 2002 ISDA Master Agreement", June 3, 2015: International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

"Current Topics for End-Users of Swaps", March 19, 2015: New York City Bar Association, City Bar Center,
New York
, Panelist

"ISDA Master Agreement and Credit Support Annex: Negotiation Strategies", March 27, 2015: International Swaps and Derivatives Association,
New York
, Panelist

"Documentation for Uncleared Transactions ― The ISDA Master Agreement", "Documentation for Uncleared Transactions ― The 1994 ISDA Credit Support Annex (Security Interest – New York Law)", and "Uncleared Transactions ― Swap Documentation Post Dodd-Frank", April 30, 2014: International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

"Derivatives and Futures Law Committee Winter Meeting", February 8, 2014: American Bar Association,
Naples
, Panelist

"Understanding the 1994 ISDA Credit Support Amex (Security Interest ― New York Law) and Updates in Collateral Issues Conference" and "Understanding the 1994 ISDA Credit Support Annex (Security Interest ― New York Law)", January 30, 2014: International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

"A Canadian Perspective on Dodd-Frank Title VII (OTC Derivatives): Key aspects affecting your business and how to prioritize your obligations" and "Deconstructing your Dodd-Frank Implementation Challenges: An Industry Case Study", January 29, 2014: The Canadian Institute's 9th Derivatives Reform,
Toronto, Canada
, Panelist

"SEFs, CCPs, and SDRs: An Examination and Review for the Buyside", November 21, 2013: International Swaps and Derivatives Association, Global Financial Conference Center,
New York
, Panelist

Publications

  • Regulatory Reforms Under Title VII Of Dodd Frank – The Need To Weigh The Impact On Liquidity, Thomson Reuters: Futures & Derivatives Law Report, Volume 35, Issue 6, July 2015, (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, Thomson Reuters: 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, (co-author)
  • Chartering through unnavigated waters ― US considers regulating credit default swaps, Complinet.com, December 2008, (co-author)
  • Amaranth Advisors and the FERC's regulatory authority, Journal of Derivatives & Hedge Funds, Volume 14, Number Two, August 2008, (co-author)
  • US Legal and Regulatory Developments: Prohibition on Energy Market Manipulation, Derivatives Use, Trading & Regulation, Volume 12, Numbers One/Two, May/August 2006, (co-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, (co-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, (co-author)

Awards & Recognition

Chambers Global

Ian Cuillerier "is hailed as an effective transactional lawyer with particular strength in negotiating derivatives deals." He "'has the ability to communicate his advice quickly and clearly, and to guide his client to a better, more efficient and practical solution.'"

Leading Lawyer, Chambers Global and Chambers USA 2016

Capital Markets: Derivatives

Who's Who Legal, 2016

Capital Markets: Structured Finance