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Derivatives

The use of derivatives and other trading strategies by organizations to create opportunities and mitigate risk is critical for businesses across industries and around the globe. Understanding both the economics of a transaction and how a transaction can affect risk management or investment objectives is an integral factor in the success of your business.

Regulatory requirements, including mandatory clearing of certain derivatives contracts under EMIR in the European Economic Area and Dodd-Frank in the U.S, margin rules and additional capital costs add further complexity to successfully managing your business risks through the use of derivatives and other trading strategies. Eversheds Sutherland helps clients navigate regulatory complexities and manage risk. Whatever your needs, we are here to help you.

Experienced derivatives lawyers

Our team provides advice on every aspect of the buying and selling sides of the international derivatives market.

Our attorneys:

  • negotiate transactions
  • establish business-specific documentation
  • advise on collateral and credit support
  • guide through settlement, close-out and valuation, including in the context of counterparty insolvency
  • advise on tax matters
  • counsel regarding regulatory compliance, investigations, enforcement actions and other disputes

Our advisory and transactional legal work covers all major product types, including exchange-traded, over-the-counter and centrally cleared derivatives and all underlying asset classes, such as interest rate, currency, credit, equity, commodity, inflation, fund and energy. Our clients include banks, insurers, building societies, broker-dealers, borrowers and corporates, particularly in the transport, retail, energy and non-profit sectors. We also advise asset managers, public and private funds and pension schemes.

We know how changing regulations and trends can impact industry players, and actively influence reform efforts. To ensure that our clients do not trip up on compliance issues, we closely track trends and developments.

We offer a range of legal services to assist you in developing your trading strategies, including:

  • reviewing and negotiating derivatives contracts, clearing documentation, repurchase agreements, stocklending agreements, collateral and security agreements and other trading documentation
  • advising on compliance with relevant commodities, securities, banking and insurance laws including their application cross-border
  • providing legal advice and assisting with the implementation of requirements under EMIR, Dodd-Frank and MiFID II and other laws and regulations passed in the wake of the 2008 financial crisis
  • training sessions on reviewing and understanding trading documents
  • producing standard-form documentation tailored to your business needs
  • ongoing regular “health checks” on all current trading documents
  • providing web-based solutions for storing your trading documents
  • advising on arrangements for margin and the rights and obligations of counterparty clearing member or clearing house insolvencies
  • ad hoc advice on specific issues, including regulatory and compliance
  • advising on the tax impact and regulatory requirements associated with derivatives transactions
  • dispute resolution

We take a pragmatic and commercial approach to our advice and deal with queries or concerns quickly and efficiently. We recognize that you need legal advice and training at the right price and can tailor these services to suit a range of budgets.

Contact our Derivatives team

If you would like any further information or need advice on derivatives law, please contact our legal team.

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© Eversheds Sutherland 2023. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities.

Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.