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Hogan Lovells US LLP

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Evan Koster

Work +1 212 918 8260
Hogan Lovells US LLP

Work Department

Derivatives; Debt Capital Markets; Latin America; Infrastructure, Energy, Resources and Projects


Partner, New York NDUSTRY SECTORS: Energy and Natural Resources Group Energy Trading and Derivatives Energy Regulatory Oil, Gas and LNG Renewable Energy


Evan Koster represents clients in a broad spectrum of derivatives, structured products, energy, and sovereign debt transactions in the United States and Latin America. Evan is experienced in representing financial institutions and end users in structured products and derivatives, having served as in-house derivatives counsel at two financial institutions. He has experience in all types of derivatives and asset classes and, in particular, with energy derivatives (natural gas, oil, and power), and energy trading. His practice deals with structured products and related securities and commodities laws issues, and he has experience with fixed-income, credit, and commodity-linked notes offerings. He has been involved in structuring and documenting, among other things, rate, commodity, and total return swaps, precious metal swaps, emerging market derivatives, equity options, call and put spreads, accelerated share purchase agreements, and credit default swaps. He is involved in counseling clients relating to Dodd-Frank derivatives regulatory and compliance issues and has been active in advocacy related to the Dodd-Frank rulemaking process. In addition, Evan has over 20 years of relevant experience in Latin America, having worked on transactions in most of the countries in the region, including Brazil, Chile, Colombia, Mexico, and Peru. He represents both sovereigns (including the Republic of Ecuador) and quasi-sovereigns (including Petroleos de Venezuela S.A.) in their cross-border debt capital markets offerings. He has also represented both borrowers and lenders in Latin American project financings on infrastructure projects, particularly in the energy sector. He has spoken at conferences and written on many topics relating to derivatives and Latin American capital markets transactions and has been recognized for Derivatives in the 2010 Legal 500 and Project Finance in the 2014 Legal 500.


Portuguese Spanish English


Member, Latin America Practice Committee and Equity Derivatives Committee, International Swaps and Derivatives Association Member, Columbian and Venezuelan American Associations Member, Structured Products Association


J.D., High Honors, Order of the Coif, The George Washington University Law School, 1990 M.A., University of Miami, 1987 B.A., Brandeis University, 1985


Leading Lawyers in Energy and Infrastructureā€”Latin America, International Financial Law Review, 2015

United States: Finance

Structured finance

Within: Structured finance

Focusing primarily on emerging markets, Hogan Lovells US LLP has ā€˜unmatched knowledge of debt securitizations and future flow securitizationsā€™. As head of the firmā€™s debt capital markets team for the Americas, Emil Arca acted for Banco Industrial and Industrial DPR Funding in a number of issuances of floating-rate and fixed-rate notes totaling $350m and backed by rights and interests in the diversified payment rights and related assets. The team also assisted Persistent Energy Capital as structuring agent in the worldā€™s first off-grid solar securitization structure, which enabled alternative and affordable financing for the investment in installment sales of solar panels in Kenyan villages. Evan Koster, who leads the derivatives practice, has advised various global financial institutions and issuers on issues such as swap regulations and equity derivative positions.

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Hogan Lovells US LLP

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  • EU and Malta Securitisation Market

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    The US Department of Justice ("DOJ") had announced a pilot program [1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it. [2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format. [3]
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    Ā  The importance and feasibility of crowdfunding platforms is increasing in stature and importance for current and future the entrepreneurs. Malta has recently acceded to the rising trend by creating its first crowdfunding platform, ZAAR, a reward-based crowdfunding platform who has recently been awarded with the first prize in its section at the National Enterprise Support Awards 2016 also as well as being one of the local projects that have represented Malta at the European Enterprise Promotion Awards 2016, held in Slovakia. Nonetheless start-ups based in Malta with global aspirations often rely on international platforms. An increase in interest has emerged amongst the art and culture community as well in social entrepreneurship projects. Crowdfunding in Malta is still at the early stages of development. Despite this, there are endless opportunities for local entrepreneurs and the local business community. Research has shown that through international crowdfunding platforms, monies have been raised for projects in the field of gaming consoles, apps and software as well as for artistic projects. Ā Testimony to this is a new game design studio in Malta, that launched its first game, Politicks, raised financing through the crowdfunding platform Indiegogo.