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.
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.