Perkins Coie counsels a wide range of buy-side clients, such as asset managers and corporate treasury departments, with respect to their derivative trading, repurchase agreements, commodity investments, short sales, securities lending transactions, purchase of loans and purchases of hybrid instruments. This counseling includes regulatory compliance and negotiation of trading documentation.

We have represented global clients in connection with their negotiation of:

  • Master Repurchase Agreements (MRAs) and Global Master Repurchase Agreements (GMRAs);
  • ISDA Master Agreements and the related trade confirmations in respect of foreign exchange, interest rate, credit, equity and commodity derivatives;
  • Prime Brokerage Account Agreements;
  • Master Securities Lending Agreements;
  • Master Securities Forward Transaction Agreements, particularly in connection with the trading of mortgage-backed securities on a delayed-delivery or forward basis;
  • Futures Customer Account Agreements and Cleared Derivatives Addenda;
  • Cleared Derivatives Execution Agreements;
  • Swap Execution Facility Participation Agreements.

We routinely advise clients with respect to issues arising under the federal statutes that govern the use of derivatives for investment or hedging purposes: the Commodity Exchange Act; the Securities Act of 1933; the Securities Exchange Act of 1934; the Investment Company Act of 1940; and the Investment Advisers Act of 1940. We also routinely deal with the federal regulations promulgated under those statutes by the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and various prudential banking regulators.