Eric J Berman

Background

About Eric J Berman

Create know-how transactional resources and provide detailed analysis of legal and regulatory developments in the areas of Finance and Financial Services, including Swaps & Derivatives, Cryptocurrency & Digital Assets, and Securitization/Structured Finance, for web-based service subscribed to by world's leading lawfirms and businesses. Areas of focus include: • Current legal, regulatory, and business issues in crypto, digital assets, virtual assets, and blockchain/DLT, including US regulation, enforcement, and legislative proposals. Stablecoins and CBDC, DeFi, DAOs, and blockchain developments in financial services. • Quoted in major publications regarding crypto, including Cointelegraph, Fortune, US News & World Report, and MSN/Business Insider. • OTC derivatives regulation, including US swaps and derivatives regulatory framework under Dodd-Frank. • ISDA trading-relationship documentation; bilateral negotiation for financial institutions, funds, commercial end users, and other parties; ISDA protocols and definitional booklets. • LIBOR replacement. ISDA 2020 IBOR fallbacks supplement and protocol and ISDA 2021 IRDD. • Credit support and margin collateral. Uncleared margin rules (UMR). ISDA credit support annexes (CSAs) including 1994 CSA, IM CSAs, and 2016 VM CSA. • Interest rate derivatives (IRD), credit default swaps (CDS), and equity derivatives including total return swaps (TRS) and related hedges. • Derivatives clearing and exchange trading. Futures and options account agreements and cleared-swap documentation. Rules for exchanges and CCPs including DCOs, SEFs and DCMs. • Requirements for swap dealers (SDs), security-based swap dealers (SBSDs), and futures commission merchants (FCMs). • Swaps entered into in connection with ABS transactions; rating agency de-linking criteria. • Securitization and structured finance transactions, including CMBS, RMBS, CLOs, auto, student-loan, esoteric, and synthetic ABS, as well as related regulatory matters including risk retention, Regulation AB/AB II, Volcker, and other applicable regulations. • Bankruptcy and bankruptcy-related structured finance matters including use of SPEs/SPVs in structured finance ringfencing, bankruptcy remoteness and substantive consolidation; derivatives in bankruptcy; Bankruptcy Code safe harbors. • Repos and securities lending. Prime brokerage. • Use of AI and ChatGPT in law: emerging issues. • Bar admissions current: New York State 1st Department and SDNY federal courts. • Legal documentation specialist.