Mike's practice focuses on the purchase, sale and trading of loans, securities, claims, derivatives and other interests in domestic and international companies in, near, or emerging from financial distress.

Mike represents commercial banks, investment banks, broker-dealers and hedge funds in corporate finance, structured finance and derivative transactions, with an emphasis on investments in and secondary market trading of loans, securities, claims, derivatives and other interests in domestic and international companies in, near or emerging from financial distress, using LSTA, LMA, ISDA and bespoke documentation.

Mike advises clients throughout the life of the financial asset, from primary asset origination through pre-trade diligence, confirmation negotiation, trading and settlement, through restructuring (whether through bankruptcy or private transactions) or maturity. Areas of substantive counsel include due diligence, internal compliance, regulatory, bankruptcy, and corporate and securities, with an emphasis on public side/private side, confidential information flow issues and Securities Act registration exemption analysis.

Mike is a frequent panelist at LSTA events, and author and draftsman of various LSTA-published documents, articles, user's guides and market advisories on a broad range of topics affecting the secondary loan market, including forms of LSTA standard documentation, user's guides, domestic trading advisories and cross-border trading literature.

Relevant Experience

  • Represented numerous commercial banks, investment banks, broker-dealers and hedge funds in thousands of LSTA, LMA, ISDA and bespoke purchases and sales of domestic and international distressed and par bank debt, "when issued" securities and other securities, and bankruptcy claims.
  • Served as counsel to the Loan Syndications and Trading Association (LSTA) in drafting jointly with the Loan Market Association (LMA) the standard cross-border distressed trading documentation glossary and user's guide.
  • Served as counsel to the LSTA in drafting the standard domestic distressed trading documentation and related user's guide.
  • Served as counsel to the LSTA in drafting the standard domestic "buy-in/sell-out" remedy provisions in the par trade confirmation.
  • Represented numerous commercial banks, investment banks, broker-dealers and hedge funds in managing the flow of confidential information and negotiating confidentiality agreements and "big boy" letters.
  • Represented numerous commercial banks, investment banks, broker-dealers and hedge funds in actively monitoring bankruptcy proceedings and assisting in creditor recovery valuation.
  • Represented large financial institution in connection with an equity-linked note issuance program.
  • Represented numerous lenders and borrowers in negotiating syndicated credit agreements.
  • Represented numerous investment banks, commercial banks and mortgage companies in various purchases and sales of mortgage loan portfolios.
  • Represented issuers and servicers in several residential mortgage securitization programs.
  • Represented large financial institution in sale of mortgage loan servicing platform.
  • Represented Fortune 500 corporations in connection with financings for acquisitions aggregating over $1,000,000,000.
  • Represented commercial finance subsidiary of Fortune 500 corporation in providing financing of energy savings and generation projects.

Memberships

  • Member, Loan Syndications and Trading Association, Inc.
  • Member, International Swaps and Derivatives Association, Inc.
  • Member, LSTA Legal Advisory Committee and Trade Practices and Forms Committee; ISDA Loan Only CDS Committee and Loan Settlement Working Group Committee

Awards & Recognition

  • "Rising Star," North Carolina Super Lawyers magazine, 2009-2010

Insights