Jim Fogarty

Partner, New York

Biography

Overview

Jim Fogarty is a partner in our Capital Markets group, specializing in structured finance. In high demand for his deep legal knowledge and instinctive client service approach, his diverse practice is rooted in complex structured transactions. His primary focus is on:

  • Collateralized Loan Obligations (CLOs) and Collateralized Bond Obligations (CBOs), with significant experience in cross-border transactions and a recent innovative middle market CLO platform;
  • Whole Business Securitizations, involving a broad range of asset classes, such as franchise licenses, intellectual property, corporate loans, performing rights organizations and rental cars; and
  • Regulatory Advice, with a focus on Volcker, Risk Retention and other regulatory concerns arising from the Dodd-Frank Act

Jim has also represented clients in workouts of securitizations, cross-border receivables transactions and commercial fleet securitizations. His clients include leading financial institutions, asset managers and corporate clients.

Bars and Courts
New York State Bar
Education
JD
University of Notre Dame Law School
BA
Boston University
Languages
English

Experience

Recent representative experience:

  • SESAC. Representation of Guggenheim Securities LLC, as initial purchaser, in the issuance and sale under a whole business securitization by SESAC Finance, LLC, a newly formed special purpose vehicle subsidiary of the performing rights organization SESAC Rights Management, Inc., of US$530 million of notes. This was the first securitization of a performing rights organization.
  • Dunkin' Donuts. Representation of Guggenheim Securities LLC as initial purchaser in the issuance and sale of US$1.4 billion and US$1.7 billion of asset-backed notes by DB Master Finance LLC under a whole business securitization by Dunkin' Brands Group Inc..
  • Wendy's. Representation of Guggenheim Securities LLC, as lead initial purchaser, along with Merrill Lynch, Pierce, Fenner & Smith Incorporated, Wells Fargo Securities, LLC and Rabo Securities USA, Inc., as the co-managers, in the issuance and sale under a whole business securitization by Wendy's Funding, LLC, a newly formed special purpose vehicle subsidiary of The Wendy's Company, of US$2.275 billion of notes. Jim subsequently advised the initial purchaser and co-managers on two note issuances by Wendy's Funding, LLC for US$900 million and US$950 million, respectively.
  • Five Guys. Representation of Guggenheim Securities LLC, as initial purchaser, in the issuance and sale under a whole business securitization by Five Guys Funding, LLC, a newly formed special purpose vehicle subsidiary of Five Guys Holdings, Inc., of US$400 million of notes.
  • Avis Budget. Regular representation of Avis Budget Rental Car Funding (AESOP) LLC, a debt issuing vehicle and subsidiary of Avis Budget Group, Inc. in connection with its rental car asset-backed security program. Recent issuances include three term asset-backed security issuances in 2019 for US$650 million, US$650 million and US$600 million, respectively.

 

Recent activity in the CLO and CBO Market:

  • Jim has extensive experience and expertise in the CLO and CBO market. His experience includes advising on over 125 CLO "2.0s" and over 15 CBOs.
  • Jim's clients in the CLO and CBO market include investment banks, such as J.P. Morgan Securities, GreensLedge Capital Markets and Morgan Stanley as well as investment managers, such as Antares Capital, Hayfin Capital Management and Symphony Asset Management.
Awards and Recognition

Ranked as Up and Coming by Chambers USA in Capital Markets: Securitization