Photograph of John A. Clark

Education

  • University of Virginia, B.A. (2002)
  • University of Virginia School of Law, J.D. (2006)

Admissions

  • New York

John A. Clark

Associate
New York
jclark@crowell.com
Phone: +1 212.530.1834
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

John A. Clark is an associate in the New York office of Crowell & Moring. His practice focuses on derivatives, lending, other secured transactions, and distressed debt and claims trading. His clients have included leading U.S. and foreign banks, swap dealers and broker-dealers, private funds, and commercial end-users of derivative products.

He routinely represents both dealer and end-user clients in derivatives transactions. John has extensive experience in negotiating trading documentation relating to over-the-counter swaps (both cleared and uncleared),  as well as documentation governing prime brokerage, securities lending, repo,  and credit support and custodial arrangements. In addition, he advises clients as to the application of evolving derivatives regulatory regimes, including under the U.S. Dodd-Frank Act and analogous laws in the European Union and elsewhere. He also provides advice regarding the expected treatment of derivatives products under the U.S. Bankruptcy Code.

John represents a variety of bank and specialty lender clients on secured financings, including traditional bilateral and syndicated bank loans and bespoke margin lending and structured product facilities. He advises with respect to both loan origination and syndication of credit risk, including by way of loan participations and credit derivatives. He has expertise in lien perfection legal requirements and asset control strategies, both in the U.S. and abroad. In conjunction with his derivatives practice, he also is deeply familiar with swap dealer and borrower end-user issues arising out of interest rate and FX hedging transactions tied to secured credit facilities.

He also represents dealer and buy-side clients in connection with the purchase and sale of loans, debt securities, bankruptcy claims, and other distressed financial instruments. He regularly reviews credit documentation, restructuring plans and other bankruptcy filings, disclosure filings, and corporate governance documents in order to advise clients regarding asset transferability issues and in connection with special situation investments.

John has worked as an in-house secondee at two of the largest global investment banks, where he advised on loan facility, credit swap, and structured product transaction issues.

Prior to joining the firm, he was an attorney with Kibbe & Orbe LLP.

Representative Matters

  • Represents dealer and end-user clients in the structuring and negotiation of credit default swaps, loan total return swaps, equity swaps, and equity options.
  • Negotiates ISDA Master Agreement Schedule and Credit Support Annex documentation on behalf of rate swaps trading desk of global swap dealer.
  • Represented private equity fund in extending and refinancing credit facilities secured by the international assets and equity interests of a metals trading company.
  • Represented U.S. bank in the origination of currency exchange rate-linked loans to Latin American borrowers.
  • Represented and advised global investment banks in structuring and origination of margin loan facilities.
  • Represented trading desk of global investment bank in connection with market-making American Airline bankruptcy claims.
  • Represented multiple clients in connection with derivatives-based claims against U.S. and non-U.S. Lehman entities.


Affiliations

Admitted to practice: New York



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Apr.01.2021 Crowell & Moring and Kibbe & Orbe Join Forces