John A. Clark

John has extensive experience in negotiating documentation relating to OTC swaps (both cleared and uncleared) as well as documentation governing prime brokerages, securities lending, repo and credit support, and custodial arrangements. Especially rare, his experience includes providing live, in-house legal coverage for interest rates and FX swap trading desks at a top-tier global swap dealer. In addition, John advises clients as to the treatment of derivatives products under the U.S. Bankruptcy Code and evolving derivatives regulatory regimes, including under the Dodd-Frank Act and analogous laws in the European Union and elsewhere.

John also negotiates secured financings on behalf of bank, specialty lender, and borrower clients. These financings include traditional bilateral and syndicated bank loans as well as bespoke margin lending, repo, and other structured product facilities. He advises with respect to both loan origination and the syndication of credit risk, including by way of loan participations and credit derivatives. John has extensive experience in lien perfection legal requirements and asset control strategies, both in the United States and abroad. In conjunction with his derivatives practice, he also is deeply familiar with swap dealer and borrower end-user issues arising out of derivatives hedges tied to secured credit facilities.

John works closely with other Crowell & Moring attorneys in connection with the purchase and sale of loans, debt securities, bankruptcy claims, and other distressed financial instruments. In particular, he frequently analyzes clients’ transactions for potential “true sale” concerns in bankruptcy and oversees preparation of Crowell opinions related to the sales of various novel financial assets.