Ian Cuillerier
Biography
Overview
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.
"Regulatory VM Requirements for Swaps and Security-Based Swaps", February 23, 2022, ISDA Virtual Conference: Understanding Variation Margin (VM) Regulations and the 2016 ISDA Variation Margin Credit Support Documents, Panelist
ESG Panel, January 26, 2022: ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Panelist
"Carbon Trading", September 27, 2021, P.R.I.M.E. Finance, Panelist
"Washington Hot Topics", July 21, 2021, Virtual Derivatives and Futures Law Committee Virtual Mid-Year Program, Moderator
Conference Co-Chair, ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Naples Florida, January 28-29, 2021
Conference Co-Chair, ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Naples Florida, January 23-25, 2020
"Understanding the 2016 ISDA Credit Support Annex for Variation Margin (VM) (Security Interest – New York Law)," September 19, 2019: Training Course: Understanding Variation Margin (VM) Regulations and the 2016 ISDA Credit Support Annex for VM (Security Interest – New York Law), Speaker
"Negotiating the Schedule to the 2002 ISDA Master Agreement," September 18, 2019: Understanding the ISDA Master Agreements – Including an Overview of the Regulatory Changes to ISDA Documentation, Speaker
"Understanding the 2016 ISDA Credit Support Annex for Variation Margin (VM) (Security Interest – New York Law)," January 31, 2019: Understanding Variation Margin (VM) Regulations and the 2016 ISDA Credit Support Annex For VM (Security Interest – New York Law), Speaker
"Negotiating the Schedule to the 2002 ISDA Master Agreement," January 30, 2019: Understanding the ISDA Master Agreements – Including an Overview of the Regulatory Changes to ISDA Documentation, Speaker
"Section I: Introduction to ISDA Documentation – 2002 ISDA Master Agreement," May 15, 2019: Training Course: Fundamentals and Implementation of ISDA Documentation, Speaker
"Exigibility of ISDA Contracts – International Best Practices," May 14, 2019: Initiative for the Development of Financial Markets and Derivatives – Roundtable with Costa Rica Regulators, Speaker
Day Chair, ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Naples Florida, January 24-26, 2019
"Introduction to ISDA Documentation" and "Practical Issues for Argentine Entities to Consider When Negotiating Cross-Broder ISDA Agreements," December 5, 2018: Argentina’s Return to the Derivatives Market, Buenos Aires, Speaker
"Negotiating the Schedule to the 2002 ISDA Master Agreement," September 26, 2018: Understanding the ISA Master Agreements – Including an Overview of the Regulatory Changes to ISDA Documentation, International Swaps and Derivatives Association, New York, Speaker
"Understanding the 2016 ISDA Credit Support Annex For Variation Margin (VM) (Security Interest – New York Law)," September 27, 2018: Understanding Variation Margin (VM) Regulations and the 2016 ISDA Credit Support Annex for VM (Security Interest – New York Law), International Swaps and Derivatives Association, New York, Speaker
"ISDA Master Agreement and Credit Support Annex: Negotiation Strategies", April 10, 2018: Negotiating the Schedule to the 2002 ISDA Master Agreement, International Swaps and Derivatives Association, New York, Speaker
"Understanding the 2016 ISDA Credit Support Annex For Variation Margin (VM) (Security Interest – New York Law)", February 1, 2018: Understanding Variation Margin Regulations and the 2016 ISDA Credit Support Annex for Variation Margin (VM) (Security Interest – New York Law), International Swaps and Derivatives Association, New York, Speaker
"Understanding the ISDA Master Agreements", January 31, 2018: Negotiating the Schedule to the 2002 ISDA Master Agreement, International Swaps and Derivatives Association, New York, , Speaker
International Developments Panel, January 19, 2018: ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Naples, Florida, Panel Chair
"Understanding the 2016 ISDA Credit Support Annex For Variation Margin (VM) (Security Interest – New York Law)", November 2, 2017: Understanding Variation Margin Regulations and the 2016 ISDA Credit Support Annex For Variation Margin (VM) (Security Interest - New York Law), International Swaps and Derivatives Association, New York, Speaker
"Negotiating the Schedule to the 2002 ISDA Master Agreement", November 1, 2017: Understanding the ISDA Master Agreements, International Swaps and Derivatives Association, ISDA Conference Center, New York, Speaker
"Master Agreements for the Negotiation of Derivatives", October 25, 2017: International Swaps and Derivatives Association, BTH Hotel, Lima, Peru, Speaker
International Developments Panel, January 20, 2017: ABA Business Law Section Derivatives & Futures Law Committee Winter Meeting, Naples, Florida, Panel Chair
"Principal Issues for Consideration and Negotiation in Derivatives Documentation – Cleared and Uncleared", October 24, 2016: Fundamentals of Swaps & Other Derivatives 2016, Practicing Law Institute, New York, Speaker
"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, 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, 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, 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, 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, New York, Panelist
"Current Topics for End-Users of Swaps", March 19, 2015: New York City Bar Association, City Bar Center, New York, Panelist
"Derivatives and Futures Law Committee Winter Meeting", February 8, 2014: American Bar Association, Naples, Florida, 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, 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, New York, Panelist
Legal Issues in Carbon Credit Markets and Trading, Futures & Derivatives Law Report, Volume 42, Issue 2, February 2022, (co-author)
Book Review of "The Virtual Currency Regulation Review", Futures & Derivatives Law Report, Volume 39, Issue 2, February 2019, (author)
Foreign Consolidated Subsidiaries and Swap Deal De Minimis Determinations by Non-US Persons, Futures & Derivatives Law Report, Volume 38, Issue 5, May 2018, (author)
US Bankruptcy Court Enforces CDO Transaction Flip Clauses, Futures & Derivatives Law Report, Volume 36, Issue 10, November 2016, (co-author)
Proposed CFTC rule change on intermediary registration exemptions may benefit Asian institutions, Thomson Reuters Regulatory Intelligence, August 2016, (quoted)
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)
Appointed to the Panel of Recognized International Market Experts in Finance of P.R.I.M.E. Finance
Ian Cuillerier is a member of the global derivatives interest group at White & Case and delivers compliance advice to banks, funds and other clients handling derivatives and structured products matters. Sources describe him as 'fantastic, extremely thoughtful and detail-oriented,' and 'a very solid negotiator'.
Who's Who Legal, 2021
Capital Markets: Structured Finance
Leading Lawyer, Chambers USA and Chambers Global, 2021, Derivatives
