Beaumont Publishes Article on Strategies to Manage OTC Swap Documentation
On April 25, 2014, The Hedge Fund Law Report published an article by FKSA litigation partner Anne E. Beaumont detailing strategies for effectively managing OTC derivatives documentation before a dispute or crisis. Beaumont explains that in the wake of the Lehman Brothers bankruptcy, many of that firm's derivatives counterparties scrambled to find and make sense of the documentation governing their rights and obligations. This created challenges and, in some instances, negative surprises when documentation was tracked down and analyzed, sometimes for the first time in years. Drawing on lessons from her work in the Lehman bankruptcy and other matters, Beaumont offers a five-step strategy that OTC derivatives users can use now - before a dispute or crisis - to manage risks and take best advantage of opportunities presented by their documentation.
A checklist based on this article has been reprinted with permission in Practical Law.