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ISDA’s Annual Legal Forum

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Morrison Foerster partners Rhys Bortignon and Stephanie Sharron will speak on the panel “Generative AI and Derivatives” at ISDA’s Annual Legal Forum in New York, NY on October 30, 2024.

<p>Morrison Foerster partners Rhys Bortignon and Stephanie Sharron will speak on the panel “Generative AI and Derivatives” at ISDA’s Annual Legal Forum in New York, NY on October 30, 2024.</p><p>The ubiquity of generative AI is impacting the derivatives industry, creating both new challenges and opportunities for derivatives attorneys. The panel will explore the issues derivatives attorneys will face as use of these technologies proliferates, including cybersecurity, privacy and data protection; transparency and explainability; accuracy, intellectual property concerns; and regulatory compliance. The panel also will touch on governance and oversight of generative AI use as it relates to the derivatives industry.</p><p>ISDA’s Annual Legal Forum is the premier event bringing together derivatives lawyers, regulators, and market practitioners for analysis of the important legal and regulatory issues affecting markets today. </p><p><a href="https://events.isda.org/isda-annual-legal-forum-2024/page/3552550/register" target="_blank">Register or learn more</a>.</p><hr>

<p>ISDA’s Annual Legal Forum</p>

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<p>Rhys Bortignon is a partner in Morrison Foerster’s Capital Markets practice and a member of its Derivatives + Commodities group in New York. Rhys’ practice focuses on derivatives and structured products.</p><p>With a focus on practical and commercial solutions, Rhys provides counsel to a diverse range of U.S. and international clients, from both the buy-side and sell side, including corporates, investment banks, commercial banks, private equity, funds, investment managers, and sovereigns. Rhys offers strategic guidance to his clients from both a transactional and a regulatory perspective, and navigates complex cross-border issues with proficiency, providing pragmatic advice to clients operating globally.</p><p>Rhys’ experience spans the spectrum of derivative transactions across asset classes, including rates, foreign exchange, credit, equity, digital assets, and commodities. He also advises on repo and securities lending transactions, the hedging components of project and corporate financings, as well as other structured products. </p><p>Rhys is well-versed in U.S. derivatives legal and regulatory matters under the Dodd-Frank Act, the Commodity Exchange Act, and the Securities Exchange Act as well as related CFTC, SEC, and prudential regulation, including the regulation of swaps, futures, and options as well as futures commission merchants, introducing brokers, swap dealers, security-based swap dealers, commodity pool operators, and commodity trading advisors. </p><p>Rhys' practice affords him insight into leading-edge issues in the derivatives industry, including digital assets, energy transition matters, and ESG transactions. He frequently authors thought leadership pieces on current and proposed derivatives regulations in the United States.</p><p>Rhys sits on the Board of Directors of the LGBT Bar Association of New York, a voluntary professional organization dedicated to ensuring full equality for members of the LGBTQ+ community, promoting the advancement of LGBTQ+ legal professionals, and serving the larger community through various pro bono initiatives.</p><p>Prior to joining the firm, Rhys was counsel at another international law firm in New York. He also gained experience as an associate at leading law firms in London and Sydney. </p><p>Rhys is admitted to practice law in New York, England & Wales, and New South Wales, Australia.</p><h4>Representative Experience</h4><h5>Securitizations</h5><ul><li>Advised a global vehicle rental and leasing company with respect to its derivatives transactional and regulatory matters, including in connection with its international securitization platform and related financing activities</li></ul><h5>Equity Derivatives</h5><ul><li>Represented a leading geothermal company engaged in recovered energy generation in connection with its Rule 144A private offering of green convertible senior notes and the negotiation and execution of the associated capped call transactions with various dealer counterparties</li><li>Represented a data security and analytics pioneer in connection with its private Rule 144A offering of convertible senior notes, and the negotiation and execution of the associated capped call transactions with various dealer counterparties</li><li>Represented the initial purchasers and the capped call transaction counterparties in a digital sports betting and gaming platform’s offering of convertible senior notes, including the negotiation and execution of the associated capped call transactions</li><li>Represented a major South American mobile telecoms operator on its derivatives trading documentation in connection with its high-yield bond tap issuance</li><li>Represented the sole bookrunner in connection with the offering of a leading player in the global snack arena’s guaranteed zero-coupon exchangeable bonds and associated derivatives elements</li></ul><h5>Lending + Finance</h5><ul><li>Represented an international specialty finance company in connection with its global funding structure, which included: a notes offering; a consent solicitation of the holders of multiple preexisting issuances of notes; an amended multi-currency revolving credit facility; and the amendment and restatement of the company’s private placement notes purchase agreement</li><li>Represented a portfolio company of a Canadian asset management firm in connection with its entrance into a warehouse facility intended to finance a portfolio of consumer home rental contracts</li></ul><h5>Business Restructuring + Insolvency</h5><ul><li>Represented an operator of power infrastructure in the United States and its applicable debtor subsidiaries in connection with the consummation of the strategic transactions contemplated by the company’s chapter 11 plan of reorganization and provided assistance with the completion of its restructuring. The plan of reorganization entailed, among other components: the infusion of new equity capital pursuant to a common equity rights offering; a revolving credit facility; a Term Loan B credit facility; a Term Loan C credit facility; and a bilateral line of credit, as well as full repayment of the company's formerly existing first-lien funded debt and the consensual equitization of all of the company’s formerly existing unsecured notes. Representation included the drafting and negotiation of the foregoing debt financing transactions (including implementing intercreditor and first-lien security arrangements for derivative counterparties) and the renegotiation and implementation of commodity derivative documentation with several counterparties.</li></ul><h5>Project Finance</h5><p>Advised on the derivatives transactional and regulatory aspects of several high-profile project financing matters, including drafting and negotiation derivatives documentation, structuring hedging trades, and advising on intercreditor and other related matters:</p><ul><li>Represented a group of 13 commercial banks in connection with a non-recourse senior secured financing of the redevelopment of multiple terminals of a major global airport in the United States</li><li>Represented a group of international commercial banks in connection with a non-recourse financing of a wind project in Brazil</li><li>Represented a group of international banks as lenders and issuing banks in connection with the non-recourse first- and second-lien project financings of a wind farm and a solar power plant in Chile</li><li>Represented a leading private equity firm specializing in the energy industry in connection with a senior secured facility to finance the development, operation and maintenance of certain assets in the United States</li></ul><h5>M&A</h5><ul><li>Represented a leading private equity firm specializing in the energy industry in its sale of one of the premier independent utility-scale energy storage and renewable energy platforms in the United States to a French multinational utility company</li></ul>

Rhys Bortignon

Partner

<p>Stephanie assists companies with technology and life sciences transactions, representing both private and public companies, from emerging growth through the Fortune 50. In particular, Stephanie focuses on helping companies that leverage data through technology in structuring their business and commercial transactions.</p><p dir="ltr">Stephanie has over two decades of experience working with clients on the complex technology, intellectual property, and data rights issues across technology and business sectors, including, among others: artificial intelligence (including machine learning and other data analytics approaches), cloud services, life sciences and healthcare, the Internet of Things (IoT), fintech, digital transactions, autonomous systems, cybersecurity solutions, semiconductors, edtech and cleantech. Additionally, Stephanie advises on the commercial technology and intellectual property aspects of mergers, acquisitions, asset spin-off transactions, and private equity investments. Stephanie serves on the Responsible AI Venture Council, part of the recently launched Lucas Institute for Venture Ethics at Santa Clara University’s Markkula Center for Applied Ethics. Stephanie is also a member of the firm’s global ESG + Sustainability steering committee as well as the firm’s FinTech steering committee, where she helps to lead and collaborate with attorneys across multiple practices. Stephanie is also a sought-after speaker and thought leader on the issues at the intersection of technology and law, including regarding AI, Life Sciences and FinTech.</p><p dir="ltr">Since 2016, Stephanie has taught as a guest lecturer in the Technology Transactions course in Cornell Law School’s Technology and Entrepreneurship LLM program at CornellTech. She also was adjunct faculty at Cornell Law School for a Legal Issues in FinTech course.</p>

ISDA’s Annual Legal Forum

30 Oct 2024 8:30 AM - 5:00 PM EDT