Brian Foster is a special counsel in Cadwalader's Financial Services Department and represents financial institutions in a wide range of transactional and regulatory matters. He advises banks, broker-dealers, hedge funds and asset managers on the structuring and trading of derivatives and complex structured financial products, including equity-, fund-, rate-, currency- and commodity-linked OTC derivatives and notes, and has assisted clients with the setup and ongoing operation of retail and institutional structured note and CD programs. Brian regularly represents clients in the negotiation of ISDA, prime brokerage, securities lending, repo and related trading and clearing agreements. Additionally, he has substantial experience negotiating domestic and cross-border hedge fund and mutual fund finance transactions.
Prior to joining Cadwalader, Brian worked at Lehman Brothers Holdings Inc. in connection with the unwind of its derivatives book in bankruptcy. He frequently advises clients on credit aspects of financing and derivatives transactions, including insolvency risk, collateral protection and post-bankruptcy close-out and netting rights. He also held the position of Vice President, Global Fund Derivatives at Deutsche Bank, where he structured and executed fund finance transactions and fund-linked structured product transactions with private funds, insurance companies, family offices and high net worth individuals.
Brian received a B.A., magna cum laude, from Santa Clara University, and his J.D., cum laude, from Georgetown University Law Center. He speaks Spanish and has studied and worked in Latin America. He is admitted to practice in the State of New York.