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Clifford Chance

31 WEST 52ND STREET, NEW YORK, NY 10019-6131, USA
Tel:
Work +1 212 878 8000
Fax:
Fax +1 212 878 8375
Email:
Web:
www.cliffordchance.com

David Felsenthal

Tel:
Work +12128783452
Email:
Clifford Chance LLP

Work Department

Capital Markets, Financial Regulation, Restructuring & Insolvency

Position

David Felsenthal has a leading practice in derivatives, structured finance and fintech. He works on derivatives transactions and regulations across a range of asset classes and transaction types. He has been a leader in developing and executing structured products, including securities linked to credit and equity and structured financing arrangements. David also advises extensively on trading transactions including repo and securities lending financing.

David is part of Clifford Chance's pre-eminent global fintech practice. He has worked on a range of new and developing structures including blockchain and token sales.

David's expertise has been recognized by leading trade associations: he has represented ISDA in its advocacy for improved swap margin rules and other matters; and he gives the industry-wide opinions for SIFMA for the standard documentation for repo, securities lending and forwards. He is a frequent speaker at conferences organized by PLI, ISDA, and others. He has written articles that have been featured in various publications and websites, including the Harvard Law School Forum on Corporate Governance and Financial Regulation and the Columbia Blue Sky Blog.

Education

Harvard Law School (JD) 1985, Princeton University (BA) 1981


United States: Finance

Structured finance: derivatives and structured products

Within: Structured finance: derivatives and structured products

The team at Clifford Chance is well placed to advise clients on US and European capital markets regulation, and has experience in novel derivatives transactions, which have recently included insurance-linked swaps and derivatives linked to various securitization structures. A key figure in the practice group is David Felsenthal, who provides ongoing advice to the Securities Industry and Financial Markets Association (SIFMA) on the enforceability of standard form repo and securities lending agreements. Additionally, Felsenthal acts for Deutsche Bank in cross-border contingent forex forward agreements related to M&A, and often advises hedge providers, such as Goldman Sachs, on international project finance transactions. In the insurance space, Gareth Old assisted Premia Reinsurance, Watford Reinsurance and Arca Reinsurance with the creation of trust structures to enable reinsurance trusts to hold and trade derivatives. Also recommended is Lee Askenazi, who specializes in ABS and securitization, and has been involved in significant credit risk transactions. Other key clients include ISDA, Bayview Asset Management, Wells Fargo and Pacific Investment Management Company.

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United States: Media, technology and telecoms

Fintech

Within: Fintech

Boasting impressive cross-border capabilities, Clifford Chance combines regulatory, transactional and litigation expertise and advises clients on a range of fintech matters, including marketplace lending, blockchain, smart contracts, initial coin offerings, artificial intelligence and insurtech. Its client roster spans from established technology sector players, such as TBG and Imagination Technologies Group plc, to R3 (a consortium of more than financial institutions), and emerging start-ups and scale-ups. In an example of the latter, Gary Boss is advising Slice Insurance Technologies on several corporate and regulatory matters, including on a joint venture with a large US insurance carrier and on the structuring of a similar joint venture in Japan. In another work highlight, David Felsenthal and Washington DC-based litigator Megan Gordon assisted AANDB TECH with privacy policy and terms and conditions relating to the set up of its FINCONECTA initiative, a platform aiming to integrate solutions between fintech companies and financial institutions. The group also has experience representing clients in the ICO market with investigations and enforcement matters. Robert Villani is another key name to note, particularly for capital market related instructions. Except where otherwise stated, all individuals mentioned are based in the firm's New York office.

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