Rashmi Seth has experience in a broad variety of general corporate and finance matters. Much of Ms. Seth's practice focuses on derivatives and hedge fund formation and related regulatory matters.

Ms. Seth routinely represents foreign and domestic end-users, such as sovereigns, Fortune 500 corporates, financial entities, hedge funds, private equity funds, as well as lenders/swap providers, in the negotiation of International Swaps and Derivatives Association (ISDA) Master Agreements and Credit Support Annexes, as well as other credit support arrangements, trade confirmations (including confirmations for FX transactions, interest rates swaps, cross-currency swaps, credit default swaps, total return swaps and bespoke transactions), swap and loan documentation relative to finance-linked swaps, bid packages, Master Repurchase Agreements and related custodial arrangements, and clearing documentation.

Ms. Seth represents her clients in the negotiation of derivatives-related documentation with the largest swap dealers, including, among others, Barclays, Citibank, Deutsche Bank, Bank of America, Goldman Sachs, HSBC, J.P. Morgan, Mizuho, Morgan Stanley, RBC, Standard Charter, US Bank and Wells Fargo. Her derivatives practice also includes counseling clients with regard to Dodd-Frank and EMIR regulatory requirements, as well as navigating various ISDA-issued protocols and definitional booklets, and advising clients on the close-out mechanics under the ISDA Master Agreement.

Ms. Seth's investment management practice includes experience with US domestic and offshore fund formation, separately managed accounts and the negotiation of sub-advisory and referral relationships. She also advises on all related regulatory compliance issues and filings, including the Form ADV filing.

Experience

  • Latin American and European sovereigns in the negotiation of ISDA documentation, including credit support arrangements, with several swap dealer banks, and related counsel regarding Dodd-Frank and EMIR.
  • Latin American sovereign with regard to RFPs and syndication of cross-currency swaps and commodity options.
  • Latin American sovereign in the negotiation of financed-linked swap transactions relative to bond offerings.
  • Multilateral development bank in the negotiation of ISDA documentation, including credit support documentation, with several swap dealer banks, and related counsel regarding Dodd-Frank and EMIR.
  • Fortune 200 corporate client in the negotiation of ISDA documentation, including credit support arrangements and trade confirmations, for their US and non-US entities, and related counsel regarding Dodd-Frank and EMIR.
  • Fortune 500 corporate client in the negotiation of ISDA documentation, including credit support documentation, with several swap dealer banks, and related counsel regarding Dodd-Frank and EMIR.
  • Credit-Suisse (Brazil) in the negotiation of long-form trade confirmations for bespoke derivatives transactions.
  • Registered clearing agencies with regard to the negotiation of master repurchase agreements and ISDA derivatives documentation, including advice with regard to associated regulatory issues.
  • Publicly traded financial institution with regard to establishing ISDA and other bespoke derivatives documentation for retail FX transactions.
  • Publicly traded financial institution with regard to bespoke credit default transactions to hedge against mortgage loan portfolio.
  • Publicly traded financial institution with regard to negotiation of clearing documentation.
  • Large hedge fund manager in the negotiation of managed account platforms, sub-advisory relationships, prime brokerage agreements, referral agreements and swap documentation, as well advice regarding regulatory compliance.
  • Large hedge fund manager in the formation or establishment of more than 20 US and non-US hedge funds, funds of one, and managed accounts utilizing a variety of investment strategies.
  • Real estate funds/SPVs in the negotiation of ISDA documentation, loan agreements and bid packages for finance-linked swaps/caps.
  • Not-for-profit healthcare organization in Lehman bankruptcy proceedings with regard to derivatives close-out calculations.

Perspectives

Legal Considerations in a Negative Interest Rate Environment
Coronavirus: Corporate and Finance Advisory
How To Comply With Qualified Financial Contract Rules
Asset Management Law360, Banking Law360, Bankruptcy Law360, Commercial Contracts Law360, Compliance Law360, Financial Services UK Law360, International Trade Law360, Securities Law360
QFC Rules and ISDA 2018 US Resolution Stay Protocol
Advisory
A Look At The New Qualified Financial Contracts Rule
Asset Management Law360, Banking Law360, Bankruptcy Law360, Capital Markets Law360, Public Policy Law360, Securities Law360
Federal Reserve Board and FDIC Restrict Immediate Exercise of Default Rights in Qualified Financial Contracts of GSIBs
Advisory
More

Credentials

Education
  • JD, American University, Washington College of Law, 1996, summa cum laude
  • AB, Smith College, 1993, cum laude
  • London School of Economics and Political Science, 1992
Admissions
  • New York
  • US Court of Federal Claims
Clerkships
  • United States Court of Federal Claims, The Honorable Reginald W. Gibson
Overview

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