Effective November 24, 2014 Morgan Lewis & Bockius LLP and Bingham McCutchen LLP have concluded a transaction. Visitors seeking information on this page should visit the corresponding page on the Morgan Lewis & Bockius LLP website.




Bingham’s derivatives team provides clients with a full range of derivatives advice and coverage. Our experience reflects the many ways in which our clients use derivatives. In today’s legal and regulatory environment, with uncertainty arising from the implementation of the Dodd-Frank Act, you can rely on us to effectively gauge the impact of developments on your transactions and business on the way the OTC derivatives markets operate.

We offer clients a team of lawyers who put their experience in the regulatory, transactional and litigation aspects of derivatives trading to work for clients needing advice navigating these complex and murky waters. With a practice borne of decades advising in this space, we can help you contend with the comprehensive scheme of regulation for swaps and other over-the-counter derivatives that is presently being implemented under Dodd-Frank.


Our capabilities include:

  • Trading Services. We represent both buy-side clients (like public and private funds) and sell-side clients (like prime brokers) in all aspects of their derivatives-trading relationships, including the negotiation and documentation agreements, central clearing documentation, tri-party custody arrangements, and prime brokerage agreements. We also assist bank custodians in holding margin for buy-side parties subject to security arrangements in favor of sell-side parties.
  • We advise on derivatives that include interest rate and currency swaps, total return swaps, other commodity swaps, and equity and credit derivatives. We also work on repos, reverse repos and security lending arrangements.
  • Structuring Services. We help clients structure product offerings with swap or other derivatives components to achieve desired economic effects, including “synthetic” and “notional” products. We also assist clients in developing products that take into account the new regulatory environment for derivatives.
  • CFTC/Dodd-Frank Compliance Services. We help clients assess the impact that the post Dodd-Frank regime  will have on their derivatives activities. Whether a function of swaps trading or otherwise, we assist asset managers, broker-dealers and other institutions in registration and compliance matters with the CFTC and the National Futures Association.
  • Litigation and Enforcement Services. We represent several clients in derivatives-related matters in court and before the CFTC and other financial or energy regulators. We also have a leading practice in representing clients in insolvency proceedings where their derivatives positions are implicated.

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