Our team is recognized as the 2023 “Americas Law Firm of the Year” and “US Law Firm of the Year” by GlobalCapital at its Americas Derivatives Awards, and we have also been recognized as the “Global Law Firm of the Year (Overall)” at the 2019 GlobalCapital Derivatives Awards. The practice has previously won in the European Law Firm of the Year categories and the US Law Firm of the Year categories for both our transactional and regulatory work. Our team has also been commended in the "Complexity and Scale" category of the Financial Times' Innovative Lawyers Report: Europe and the "Legal Expertise: Managing Complexity & Scale (International)" category in the Financial Times' Asia-Pacific Innovative Lawyers Report.
Chambers UK says that the practice "has its finger on the pulse with ISDA and transatlantic regulatory work" and provides "military-style turnaround, good value and a deep bench." The Legal 500 UK says our practice "has significant scale and genuine cross-discipline expertise, [and] a mindset that builds relationships and a commitment to giving high-quality advice," while adding that "fast responses and excellent value give clients great confidence in Mayer Brown." Ranked in Tier 1 by The Legal 500 US, the guide notes “[The team] is well-placed to leverage the firm’s international footprint…” and has said the practice has "played a significant role in assisting banks and trade organizations with adjusting to new US regulatory requirements" and that "the team also acts for major industry associations and has provided opinions on novel points of regulatory interpretation."
Transactional work
We are market leaders in using derivatives as components of, or in connection with, highly structured financings, such as with deal contingent swaps involving F/X or commodities, issuer-based equity derivatives and structured share repurchase programs, and the use of structured derivatives transactions to support or supplement financing for funds and other investors.
Regulatory experience
We continue to help our clients adapt to changes in the United States derivatives market brought about by the Dodd-Frank Act and in the European derivatives market by EMIR, MiFid and CRR/CRD IV; in particular, the quest by financial institutions to achieve greater levels of capital efficiency, and a return to product development in a post-reform environment. We also assist clients in the United States, Europe and Asia in navigating their obligations under the US Commodity Exchange Act, as amended by the Dodd-Frank Act, and US federal securities laws; formulating compliance programs and working with clients to implement those programs; and representing clients in discussions with the CFTC, SEC and self-regulatory organizations (“SROs”) with respect to novel issues.
The group frequently represents ISDA and other industry groups, both on major initiatives by ISDA in response to the Dodd-Frank Act, as well as post-reform matters; and has formidable experience in advising on Brexit-related derivatives matters.
Uncleared margin experience
Mayer Brown is one of a handful of law firms advising financial institutions on the implementation of the global uncleared and initial margin reforms. To read more, visit our dedicated Initial Margin capabilities page.
Enforcement and investigations capabilities
We represent firms—including major financial institutions and proprietary trading firms, as well as traders and brokers—subject to investigations and enforcement actions by the government and SROs with respect to matters involving disruptive trading practices, wash trades, manipulation, unauthorized trading, block trades, non-competitive trading, supervisory failures and fraud, among other issues. The firm also works with clients to create training programs and conducts on-site training sessions to assist clients in reducing the risk of enforcement actions.
Tax-related derivatives advice
New developments relating to the taxation of derivatives continue to emerge. The Tax Cuts and Jobs Act, signed into law as 2017 was coming to a close, included the Base Erosion Alternative Minimum Tax (“BEAT”). These developments have a significant impact on derivative transactions, and our tax lawyers advise many financial institutions in connection with these developments and their impact.
Structured products
Mayer Brown has a broad-based structured products practice, including registered and exempt products, with a range of reference assets. To read more, visit our dedicated Structured Products capabilities page.
