John Clark, Kibbe & Orbe attorney photo

John A. Clark

F:  917.344.8834

Overview

John A. Clark’s practice focuses on derivatives, lending and other secured transactions and distressed debt and claims trading. His clients have included leading U.S. and foreign banks, swap dealers and broker-dealers, private funds and commercial end-users of derivative products.

Derivatives

Mr. Clark routinely represents both dealer and end-user clients in derivatives transactions. He has extensive experience in negotiating trading documentation relating to over-the-counter swaps (both cleared and uncleared) as well as documentation governing prime brokerage, securities lending, repo and credit support and custodial arrangements. In addition, Mr. Clark advises clients as to the application of evolving derivatives regulatory regimes, including under the U.S. Dodd-Frank Act and analogous laws in the European Union and elsewhere. Mr. Clark also provides advice regarding the expected treatment of derivatives products under the U.S. Bankruptcy Code.

Lending and Secured Transactions

Mr. Clark represents a variety of bank and specialty lender clients on secured financings, including traditional bilateral and syndicated bank loans and bespoke margin lending and structured product facilities. He advises with respect to both loan origination and syndication of credit risk, including by way of loan participations and credit derivatives. He has expertise in lien perfection legal requirements and asset control strategies, both in the U.S. and abroad. In conjunction with his derivatives practice, he also is deeply familiar with dealer and borrower issues arising out of interest rate and FX hedging transactions tied to secured credit facilities.

Distressed Debt & Claims Trading

Mr. Clark also represents dealer and buy-side clients in connection with the purchase and sale of loans, debt securities, bankruptcy claims and other distressed financial instruments. He regularly reviews credit documentation, restructuring plans and other bankruptcy filings, disclosure filings and corporate governance documents in order advise clients regarding asset transferability issues and in connection with special situation investments.

Mr. Clark has worked as an in-house secondee at both Citigroup and Morgan Stanley, where he advised on loan facility, credit swap and structured product transaction issues. Prior to joining K&O, Mr. Clark was an associate at Cleary Gottlieb Steen & Hamilton LLP. Mr. Clark is admitted to practice in the State of New York.

Experience

  • Represents dealer and end-user clients in the structuring and negotiation of credit default swaps, loan total return swaps, equity swaps and equity options.
  • Negotiates ISDA Master Agreement Schedule and Credit Support Annex documentation on behalf of rate swaps trading desk of global swap dealer.
  • Represented private equity fund in extending and refinancing credit facilities secured by the international assets and equity interests of a metals trading company.
  • Represented U.S. bank in the origination of currency exchange rate-linked loans to Latin American borrowers.
  • Represented and advised global investment banks in structuring and origination of margin loan facilities.
  • Represented trading desk of global investment bank in connection with market-making American Airline bankruptcy claims.
  • Represented multiple clients in connection with derivatives-based claims against U.S. and non-U.S. Lehman entities.

Publications

Practice Areas
Education
  • University of Virginia School of Law, J.D., 2006
  • University of Virginia, B.A., with distinction, 2002
Bar & Court Admissions
  • New York