Seward & Kissel LLP

Management Committee: James C Cofer, Craig A Sklar

Number of partners: 46

Number of other lawyers: 127

Firm Overview:

Founded in 1890, Seward & Kissel LLP is a leading US law firm with an international reputation for excellence. The firm, located in New York City and Washington, DC, primarily focuses on corporate issues and litigation in the financial services, corporate finance and capital markets areas. The firm is particularly well known for its representation of major commercial banks, investment banking firms, investment advisers and related investment funds (including mutual funds and hedge funds), broker-dealers, institutional investors and transportation companies (particularly in the shipping area).

Main Areas of Practice:

Investment Management:

■ Since forming the first hedge fund in 1949, the firm’s investment management practice continues to be one of the largest private fund practices in the Nation, including its representation of a third of the top 200 hedge fund managers based on assets under management. The Group is at the forefront of the legal, regulatory and business developments affecting investment managers

■ Represents private investment fund and registered fund clients in all aspects of fund formation, including the legal and regulatory requirements applicable to the funds and their investment advisers, operations and other complex matters such as tax, complex transactions, enforcement matters, litigation and management company and fund structuring, reorganisations and acquisitions

Contacts: Steven B Nadel, Kevin Neubauer, Patricia A Poglinco, Robert B Van Grover

Business Transactions:

■ Represents clients in connection with middle-market U.S. and cross border mergers and acquisitions, private equity deals, venture capital transactions, joint ventures, strategic alliances and seed capital arrangements, with a particular emphasis on investment management, broker-dealer and other financial services, shipping and media industry deals

Contacts: James E Abbott, Craig A Sklar

Capital Markets & Securities:

■ Represents issuers and underwriters in US and global offerings of securities, (i.e. registered initial and secondary public offerings (including ‘shelf ’ offerings), private placements and Rule 144A and Reg S offerings).

■ Represents and advises public companies in connection with SEC reporting requirements, regulatory compliance, and other pertinent issues.

■ Represent investors and public company insiders in connection with the resale of restricted securities, and the preparation and filing of beneficial ownership reports and insider trading reports with the SEC

Contacts: Edward S Horton, Keith Billotti

Structured Finance & Asset Securitisation:

■ Represents participants in the structured finance and securitisation industry in connection with secured and unsecured, asset-based, market value and cash flow transactions; multi-seller commercial paper conduit transactions; receivables transactions, including for mobile device installment billing contracts; commercial lending; subscription finance; CLO transactions; risk retention structures and finance transactions; public and private offerings of securities; project finance; and synthetic and structured derivatives products

Contacts: Greg Cioffi

Derivatives & Trading:

■ Advises asset managers and investment managers in connection with structuring, negotiating and documenting complex over the-counter derivative instruments, including hybrid products and synthetic financing arrangements structured as total return swaps, credit derivatives, repurchase agreements and structured notes.

■ Advises dealers and buy-side firms regarding derivatives market regulation and related compliance programs, exchange-traded futures and options, derivatives and prime brokerage relationship documentation, and repurchase and securities lending programs

Contact: Michele Navazio

Distressed Debt:

■ Recognised industry leader in the purchase and sale of distressed domestic and foreign loans, sovereign loans and other distressed debt. Represents clients in all aspects of the distressed debt practice area including: drafting, reviewing and negotiating trade confirms, assignment and participation agreements and purchase and sale agreements; due diligence reviews; assessing recovery risk; monitoring of bankruptcy proceedings and creditor recoveries; and participating in creditor committees and Chapter 11 reorganisations

Contacts: Greg B Cioffi, John R Ashmead, Y Daphne Coelho-Adam

Maritime Practice:

■ A global reputation as the ‘go to’ US law firm in the maritime arena

■ More than 50 attorneys who serve as trusted advisors to many of the world’s most notable public and private maritime companies, financial institutions and other industry participants.

■ Full service practice covering finance, capital markets, M&A, private equity, restructuring and insolvency, tax, litigation, and regulatory.

■ Seward & Kissel consistently represents its clients in the most significant deals in the Maritime industry

Contacts: Michael S Timpone, Edward S Horton, Keith Billotti

Litigation:

■ Represents financial institutions, investment managers, shipping companies, and other public and private clients in courts, regulatory proceedings, administrative tribunals and arbitrations, with a focus on business disputes; securities litigation; maritime litigation; government enforcement and internal investigations; employment matters; trademark disputes; and bankruptcy litigation and workout matters

Contacts: Michael Considine, Russell Johnston, Bruce G Paulsen, Michael Watling

Corporate Restructuring & Bankruptcy:

■ Represents clients in all aspects of restructuring and bankruptcy matters, including court-supervised proceedings and out-of-court restructurings and workouts. Significant experience representing directors and special committees, creditors’ committees, secured lenders and lender groups, corporate trustees and agents, distressed asset purchasers, post-confirmation trusts and trustees, distressed investors and individual creditors

Contact: John R Ashmead, Robert J Gayda

Real Estate:

■ Advises institutional investors, developers and others in buying, selling, developing and financing all types of real estate assets. Handles joint ventures and the formation of, and investments in, private equity funds

Contact: Rhona J Kisch

Tax & Employee Benefits:

■ Counsels clients on tax and ERISA issues relating to financial products, including pooled investment funds, structuring of complex securities and real estate funds and transactions; and on tax, ERISA and employee benefit considerations relevant to financing transactions, securitisations, mergers and acquisitions and other business transactions

Contacts: James C Cofer, S John Ryan

Private Clients/Trusts & Estates:

■ Assists individuals with tax, estate and charitable planning with the goal of preserving and building wealth for future generations and achieving philanthropic objectives

Contact: Hume R Steyer, Kristen Curatolo

Global Banking and Corporate Trust Group:

■ Represent many of the largest domestic and international banks and financial institutions in the Americas, Europe and Asia in structured finance (including ABS, MBS and CLOs), corporate trust, restructuring, workouts and insolvency, lending, fintech, aircraft, project finance, M&A and investment funds including ESG.

■ Represent major banks in structuring innovative loan portfolio platforms, asset backed commercial paper, leveraged loan and total return swap transactions and distressed debt and claims trading

Contact: Gregg Bateman