Financial institutions looking for bespoke solutions to complex investment scenarios trust Jennifer Grady to structure investments in a way that mitigates risk while maximizing return. She represents investment funds, investment banks and other financial institutions in complex derivatives transactions, as well as deals involving the purchase of distressed debt, bankruptcy claims and other alternative investments.
Jennifer studies a client's investment thesis and acts as a strategic advisor in decisions about their deployment of capital. Her knowledge of investment structures and their underlying assets informs her ability to effectively anticipate issues and negotiate deals, guarding against risks related to trade execution and settlement, counterparty credit, documentation and asset valuation.
Her derivatives practice focuses on the structuring and negotiation of credit derivative transactions, including loan, bond and bankruptcy claim total return swaps, loan credit default swaps, and traditional credit default swaps in North America, Europe, and Asia. In addition, she advises clients regarding other derivative products, including equity swaps and interest rate swaps, as well as the evolving regulatory treatment of derivative transactions. Jennifer also represents her financial institution clients in connection with the negotiation of ISDA master agreements, prime brokerage agreements, and related collateral support documentation. She played a critical role in creating the documentation, standards, and customs adopted by the marketplace for transacting in credit default swaps referencing loans.
Jennifer has deep experience in the secondary market for U.S. and non-U.S. loans, bankruptcy claims, and other distressed assets, and has represented multiple CLO managers in designing efficient loan review and settlement procedures. She has substantial experience in transactions involving par and distressed bank debt in the U.S. and European secondary loan markets. She also advises on financing facilities secured by complex illiquid assets, including solar renewable energy credits, marketplace loans, and derivative instruments.
Jennifer is a member of Crowell & Moring’s Management Board and co-chair of the firm’s Corporate Practice. Prior to joining the firm, she was the managing partner of Kibbe & Orbe LLP.
Recognition
- Crain's New York Business: Notable Women in Law, 2022
- New York Law Journal: Distinguished Leader Award, 2021
- New York Law Journal: Equality Trailblazer, 2019
- Crain's New York Business: Leading Women Lawyers, 2017
- Diversity Journal: Women Worth Watching, 2015
Affiliations
Professional Activities and Memberships
- Board Member, Save The Music Foundation
Representative Matters
- Represented investment bank providing ABL facilities to hedge funds secured by consumer marketplace loans.
- Represented global investment bank in connection with multiple credit facilities secured by solar renewable energy credits.
- Represented multiple buy-side clients in connection with the purchase and restructuring of loans and interest rate swap claims against Indiana Toll Road and other distressed infrastructure projects.
- Represented The Royal Bank of Scotland in the sale of two loan portfolios totaling more than $42 billion to Mizuho Financial Group of Japan.
- Represented the Loan Syndications and Trading Association in connection with comment letter submissions and related efforts relating to the treatment of loan participations and loan derivative transactions under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
- Represents multiple broker-dealer and hedge fund clients in the structuring and negotiation of total return swap master confirmation agreements referencing loans and bankruptcy claims.
- Represented the industry-wide working group that developed and drafted the documentation governing all standard U.S. loan credit default swap transactions.
- Represented the International Swaps and Derivatives Association, Inc. in connection with the development of the U.S. loan credit default swap tranched and untranched index products.
- Represented the Loan Syndications and Trading Association in connection with the development and publication of a User’s Guide for the physical settlement of U.S. loan credit default swap transactions, and the development of initiatives to address structural and settlement issues arising in connection with total return swaps on bank loans.
Speeches & Presentations
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"How the Emerging Environmental Justice Paradigm Will Shape Risk Profiles and Investment Opportunities," LSTA Webinar
(October 5, 2021).
Speakers: Paul Freeman, Jennifer K. Grady, Jon Kibbe, Elliott P. Laws, Kirsten L. Nathanson.
Client Alerts & Newsletters
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"The Resurgence of Loan Total Return Swaps,"
Corporate Alert
(April 29, 2020).
Contacts: Jennifer K. Grady, Richard J. Lee, John A. Clark
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"Resiliency - What To Do When Your Supply Chain Breaks,"
(April 1, 2020).
Contacts: Jennifer K. Grady, William Q. Orbe
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"Encouraging Solar Development through SREC Financing,"
Corporate Alert
(April 12, 2017).
Contacts: Jennifer K. Grady, Kevin Rubinstein
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"An Overview of Dodd-Frank's Treatment of Loan-Based Swaps,"
Corporate Alert
(August 10, 2012).
Contacts: Jennifer K. Grady, John A. Clark
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"Clarity for Loan Participations Under Dodd-Frank,"
Corporate Alert
(July 19, 2012).
Contacts: Jennifer K. Grady, John A. Clark
Press Coverage
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Crowell Builds London Tech Practice With Baker Botts Dealmaker
June 9, 2022 — Reuters
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Distinguished Leader: Jennifer Grady
October 6, 2021 — New York Law Journal
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Crowell & Moring And Kibbe & Orbe Unite
April 6, 2021 — ICLG
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Sealing The Deal: How Crowell Merged With Kibbe & Orbe
March 23, 2021 — Law360
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Crowell & Moring Combines With Financial Services Specialists Kibbe & Orbe
March 19, 2021 — The Global Legal Post
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Crowell & Moring To Combine With Kibbe & Orbe, Gaining NY Securities Strength
March 18, 2021 — The American Lawyer
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Crowell & Moring Combines With Wall Street Firm Kibbe & Orbe
March 18, 2021 — Bloomberg Law
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Crowell & Moring Snaps Up remaining Kibbe & Orbe Lawyers In Wall Street Expansion
March 18, 2021 — Reuters Legal
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Crowell & Moring Joining Up With Kibbe & Orbe
March 18, 2021 — Law360
Firm News & Announcements