Hedging Interest Rates in Commercial Real Estate Finance: Rate Caps vs. Swaps, Security, Intercreditor Issues

Mr. Carey represents clients in a wide variety of derivatives transactions and advises them on derivatives regulatory and compliance issues. His clients include investment companies, hedge funds, foreign and domestic banks, central banks, multilateral development banks and corporate end-users. Mr. Carey negotiates ISDA Master Agreements and other trading documents, including prime brokerage documents, clearing and execution agreements and related collateral arrangements. He also advises his clients on a broad array of derivatives regulatory issues arising under the Commodity Exchange Act and the rules and regulations of the Commodity Futures Trading Commission.

Mr. Diamond is a capital markets lawyer with decades of experience in financial services and as lead attorney in regulatory matters, transactions and litigations. He co-leads the firm's Derivatives, Structured Products, and Secondary Markets team. Mr. Diamond’s practice focuses on complex transactional matters involving derivatives and securities, compliance, swaps, foreign exchange, agricultural commodities, metals, digital assets and non-linear products. He represents institutions in tax-exempt and taxable secondary market structures and collateralization. His practice encompasses complex structured products such as tax-exempt energy prepay transactions, total return swaps as synthetic loans and guarantees, tender option bonds and matters involving swap dealers, broker-dealers, introducing brokers, derivatives transactions and regulation. Mr. Diamond also has deep understanding of the derivatives and securities clearing process as well as FINRA and NFA rules and the intersection of securities, derivatives and identified banking products. He is a former Head of Investment Banking - Legal for a large multinational bank and has a wealth of derivatives, securities and banking experience.