Summary

With leading derivatives lawyers qualified in Canada and the United States, the BLG Derivatives Group is among the largest and most experienced of its kind in North America.  Derivatives trade worldwide and require a global, integrated and leading-edge practice group.  BLG’s Derivatives Group serves clients in virtually every industry in Canada and the United States, as well as in the Far East, Asia, Europe and other markets.  We assist in novel derivative development, negotiation and documentation and we represent clients before regulators in Canada and the United States.  While we have the expertise of many other large firms on Wall Street, in the City and other leading markets around the world, we perform our work in a cost-effective way.

BLG’s Derivatives Group is a multi-disciplinary team of lawyers that cuts across our financial services, investment management and energy practice groups. The lawyers in BLG’s Derivatives Group are experienced in negotiating OTC and futures contracts with sell-side and buy-side market participants around the world. Our clients include financial institutions, market intermediaries and securitization conduits as well as a wide variety of derivative end-users, such as mutual funds, hedge funds, pension funds, other investment vehicles, energy producers, insurance companies and other corporate end-users. Our advice covers derivative structuring and document negotiation, regulatory compliance, tri-party collateral control practices and close-out issues. Our clients use a wide range of derivatives, including equity, credit, currency, interest rate, credit default swaps and options, for both hedging and non-hedging purposes. We also advise on compliance and registration requirements for advising on and trading in derivatives in Canada.

Publications

Note: Many of our publications are also published in the National Banking Law Review and elsewhere.

Recent Client Bulletins

Rankings & Recognitions

2016 Global Capital Americas Derivatives Awards 

  • Ranked as the #1 Law Firm in Canada for Derivatives by Derivatives Weekly.
  • Canada Law Firm of the Year, 2016, 2015 and 2014 Americas Derivatives Awards.
  • Members of the Derivatives Group are also recognized in the 2017 edition of The Canadian Legal Lexpert® Directory.

Representative Work

  • Developed leading-edge derivative-based products for investment funds, including clone funds and tax-efficient managed yield funds.
  • Assisted issuers of contracts for differences (CFDs) and foreign exchange products with respect to retail offerings in Canada.
  • Participated in the development of the next-generation of cleared derivatives documentation published in template form by the Futures Industry Association and the International Swaps and Derivatives Association, Inc.
  • Participated in webinars on the August 2012 Dodd-Frank Protocol (DF Protocol) and FATCA Protocol with leading service providers, including Bloomberg and Markit.
  • Prepared derivatives policies that would bring about compliance with applicable statutory law and regulation by parties adhering to the DF Protocol.
  • Advised on compliance, documentation and tax aspects of compliance with the FATCA Protocol.
  • Participated in a series of meetings with the Chairman and Commissioners of the US Commodity Futures Trading Commission (CFTC) to bring about more protective collateral arrangements in the U.S. relating to centrally-cleared derivatives.
  • Provide counsel to a wide range of derivatives market participants with respect to compliance with Title VII of the Dodd–Frank Wall Street Reform and Consumer Protection Act and CFTC exclusions and exemptions to registration in connection with that Act.
  • Assisted an issuer of contract for differences (CFDs) with respect to a retail offering in Canada, including prospectus requirements and exemptions, and facilitated an ongoing dialogue with Canadian securities regulators on policy concerns involving novel derivative instruments.
  • Developed appropriate risk management programs for many market participants, including the preparation of best practices and policies for their boards and management.
  • Developed, advised and negotiated all derivative agreements on behalf of the largest Canadian residential mortgage securitization conduit.
  • Advised securities registrants and counterparties with regards to Canadian derivatives registration and compliance issues and have represented clients with respect to enforcement matters with the Canadian securities regulators.