Practice Areas & Industries: Greenberg Traurig, LLP


Structured Finance & Derivatives Return to Practice Areas & Industries

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Practice/Industry Group Overview

The structured finance markets have traditionally been characterized by continual innovation and modification, product diversification and globalization – an environment that requires the ability to both recognize opportunities and manage risk. In the current market environment, innovation is even more important to manage the risks associated with structured finance transactions that are either in default or near default. Restructurings and workouts of existing transactions are now important components of any structured finance practice.

Greenberg Traurig’s structured finance and derivatives attorneys have participated in securitized and structured products encompassing almost every asset class in the mortgage, asset-backed, municipal and structured products markets. Through our representation of virtually every type of market participant – from major financial institutions and Fortune 500 companies to specialty finance companies – we have a breadth of experience to offer our clients. Due to our wide-ranging experience with the various asset classes and structured products, we are well positioned to help clients resolve issues relating to structured finance transactions that are, or will soon be, in default.

Our structured finance and derivatives attorneys utilize GT’s far-reaching U.S. and international platform to provide clients with global legal services. We have experience in a wide array of U.S. and international transactions and represent clients in U.S.-based transactions, offshore offerings, and cross-border securitizations, as well as workouts of distressed securitization transactions, restructurings of synthetic transactions and close-outs of derivative transactions. While we have developed complex securitization techniques and structured derivatives products for new asset classes, we also regularly handle routine transactions where efficiency, accessibility and cost minimization are essential.

Legal Services

  • Represent investors, issuers, underwriters, placement agents, lenders, servicers, trustees, custodians and providers of derivative products
  • Advise on various aspects of government initiatives, including the Term Asset-Backed Securities Loan Facility (TALF), the Public-Private Investment Program for Legacy Assets (PPIP), and the Troubled Assets Relief Program (TARP)
  • Structure and negotiate a wide range of domestic and international mortgage-backed, asset-backed, tax-exempt, project bond, future flow and bond-backed securities, as well as derivatives, structured products and structured investment vehicles
  • Advise on workouts of distressed securitization transactions and distressed investment opportunities
  • Advise on close-out netting of derivative contracts
  • Advise on restructurings of synthetic transactions
  • Advise on securities, commodities, banking, tax, ERISA and bankruptcy laws and regulations affecting capital markets transactions
  • Assist with governmental and regulatory authority filings, compliance and audits
  • Represent financial institutions and investors in structured derivatives, swaps and related derivative products
  • Advise on regulatory issues affecting structured finance market participants
  • Represent both institutional lenders and borrowers in facilities secured by a variety of collateral

Experience with a Wide Range of Structures

  • Commercial paper and other conduit structures
  • Structured warehouse and master repurchase agreement (“repo”) facilities
  • Owner trust and master trust structures
  • REMIC transactions
  • Liquidating trust structures for distressed loans and assets
  • Whole loan trades
  • Debt-for-tax transactions
  • On balance sheet and off balance sheet structures
  • Senior/subordinate structures
  • “Wrap” or "partial guaranty" transactions with monoline insurers and multilateral agencies
  • Hybrid structures with swaps, caps, guaranties, overcollateralization, excess spread or reserve funds
  • Foreign currency and foreign collateral trust structures

Representative Structured Products and Derivatives Experience

  • Total return swaps, credit default swaps, first to default swaps and accreting basket swaps
  • Puts, calls, knock-in and knock-out options, and variance swaps
  • Warrants
  • Prepaid forwards and other forward delivery contracts and futures contracts
  • Synthetic CDOs and securities
  • Structured investment conduits
  • Structured equity derivative products
  • Structured credit derivative products
  • Principal protected derivative products
  • Highly leveraged derivative products
  • Fund-Linked Derivatives
  • “Plain vanilla” repo, swap and derivative transactions

Representative Asset Class Experience

  • Single-family prime, subprime and Alt-A residential mortgage loans
  • Commercial and multifamily mortgage loans
  • Distressed and non-performing residential and commercial mortgages and REO
  • Aircraft leases
  • Airport concessions
  • Auto leases and loans
  • Boat and recreational vehicle loans
  • Cash value receivables of insurance policies
  • Credit cards
  • Equipment leases and loans
  • Receivables (truck lease, trade, merchant voucher, telecom)
  • FHA/VA insured mortgage loans
  • Foreign construction and mortgage loans
  • Foreign government obligations
  • Franchise loans
  • Future flow receivables, including MT-100 payment rights
  • GSE-backed loans
  • Home equity loans, home equity lines of credit and high LTV junior lien loans (“125s”)
  • Intellectual property royalties
  • Life settlements
  • Loan participations
  • Manufactured housing contracts
  • Net interest margin transactions
  • Resecuritized mortgage-backed securities
  • Securitized legal fees from litigation settlements (tobacco settlements)
  • Single obligor receivables
  • Stranded costs and other utility assets
  • Student loans
  • Tax liens
  • Toll road concessions
  • Venture capital receivables
  • 12b-1 fees


Services Available

Group Presentations
  Taxation of Financial Instruments & Transactions Conference 2009, Mark Leeds Speaker, New York, New York, January 15, 2009
Past Seminar Materials
  ASF 2013, January 27, 2013
ASF 2009, Las Vegas, Nevada, February 8, 2009