Rhys Bortignon

Associate, New York

Biography

Clients describe Rhys as “an excellent derivatives attorney, who is thorough and pays great attention to detail, and he is very knowledgeable about legal and regulatory derivatives issues.”
Chambers USA, 2021

Overview

Rhys is an associate in White & Case's Capital Markets practice and a member of its Global Derivatives group in New York.

Rhys regularly advises a range of US and international clients (including corporates, investment and commercial banks as well as private equity and hedge funds) on a wide variety of derivative transactions in various assets classes (including rates, foreign exchange, credit, equity and commodities), repo and securities lending transactions, and structured products. Rhys also advises sponsors, borrowers and lenders on the hedging component of project and corporate financing transactions from a transactional and regulatory perspective.

Rhys frequently advises on US derivatives regulatory matters, including in relation to the Dodd-Frank Wall Street Reform and Consumer Protection Act. Rhys' regulatory work often includes advising on complex cross-border issues.

Rhys has co-authored a number of thought leadership pieces relating to current and proposed derivatives regulation in the US.

Prior to joining White & Case's New York office, Rhys worked as an associate at international law firms in London and Sydney.

Bars and Courts
New York State Bar
England and Wales
New South Wales
Education
Master of Laws
University of Sydney
Law School
Bachelor of Laws
University of Wollongong
Law School
Bachelor of Commerce
University of Wollongong
Languages
English

Experience

Ibereólica Cabo Leones II S.A. (Cabo II)
Representation of The Bank of Nova Scotia, KfW IPEX-Bank GmbH, ING Capital LLC, MUFG Bank, Ltd., Sumitomo Mitsui Banking Corporation and Instituto de Crédito Oficial E.P.E. as lenders and issuing banks and MUFG Bank Ltd., as administrative agent and intecreditor agent in connection with the non-recourse first/second lien project financings of: (i) the US$217 million financing for a 235 MW wind farm owned and operated by Ibereólica Cabo Leones II S.A. located in Atacama, Chile and (ii) the US$103.2 million financing for a 101MWp solar PV power plant, owned and operated by GPG Solar Chile 2017 SpA located in Antofagasta, Chile.

DraftKings
Representation of the initial purchasers (led by Morgan Stanley & Co. LLC) and the capped call transaction counterparties on DraftKings Inc.'s offering of US$1.265 billion aggregate principal amount of its 0% convertible senior notes due 2028, which includes the full exercise of the initial purchasers' option to purchase additional notes, and the negotiation and execution of the associated capped call transactions. DraftKings Inc. is a digital sports entertainment and gaming company created to fuel the competitive spirits of sports fans with products that range across daily fantasy, regulated gaming and digital media.

Varonis
Representation of Varonis Systems, Inc., a pioneer in data security and analytics, on its US$253 million offering of 1.25% convertible senior notes due 2025, and the negotiation and execution of the associated capped call transactions with various dealer counterparties. The notes were sold in a private offering pursuant to Rule 144A under the Securities Act of 1933.

Encore Capital
Representation of Encore Capital Group in connection with their US$1.5 billion global funding structure (which included the offering of €350 million Notes; a consent solicitation of the holders of Cabot's existing £512 million notes and €400 million notes; an amended multi-currency revolving credit facility with an increased total commitment of US$1.05 billion; and the amendment and restatement of Encore’s private placement notes purchase agreement).

Publications

US Bankruptcy Court Enforces CDO Transaction Flip Clauses, Futures & Derivatives Law Report, Volume 36, Issue 10, November 2016, (co-author)

Awards and Recognition

Associate to watch, Chambers USA, 2021, Derivatives