Brian Foster

Special Counsel
New York,  NY  U.S.A.
Phone212 504 6736

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Experience & Credentials

Practice Areas

  • Derivatives & Structured Products
  • Financial Regulation
  • Investment Management Transactions
  • OTC Derivatives
  • Structured Products
  • Swap Regulation
Contact InfoTelephone: 212 504 6736
Fax: 212 504 6666
University Santa Clara University, B.A., magna cum laude, 2000
Law SchoolGeorgetown University Law Center, J.D., cum laude, 2004
Admitted2004, New York

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.

News & Resources


News Releases

•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Cadwalader Again Recognized Among Legal Leaders by IFLR 1000
Nov 15, 2013

•Cadwalader Has Another Breakout Year at the IFLR Americas Awards - Firm is Recognized for Two Outstanding Achievements in Deal and Team Categories
Mar 27, 2013

•Cadwalader Appoints Six to Special Counsel
Dec 06, 2012

•IFLR 1000 Again Names Cadwalader a Leader in Core Transactional Areas of Practice
Nov 06, 2012

•The Legal 500 Recognizes More than 15 Cadwalader Practices and 47 of the Firm's Lawyers Across U.S. Offices
Jun 06, 2012

•Cadwalader's Brian Foster Named a Global Rising Star of Derivatives
Sep 28, 2011


•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Chambers and Partners USA 2014
May 23, 2014

•Cadwalader Again Recognized Among Legal Leaders by IFLR 1000
Nov 15, 2013

•International Financial Law Review's 2013 IFLR 1000
Nov 06, 2012

•2012 Legal 500 US
Jun 06, 2012

•Brian Foster Named 2012 Rising Star of Derivatives Institutional Investor News and Derivatives Week/Derivatives Intelligence
Sep 28, 2011


Clients Friends Memos

•SEC Adopts Significant Amendments to Private Placement Rules: JOBS Act Rules Eliminate Ban on General Solicitation and Dodd-Frank Mandate Disqualifies Bad Actors
Aug 13, 2013

•The Dodd-Frank Act: How It Impacts Specific Institutions, Entities and Transactions
Jun 22, 2011

•The Dodd-Frank Act's Impact on Affiliate Transactions
Apr 21, 2011

Profile Visibility
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Office Information

Brian Foster

New YorkNY 10281-0006


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