Rashmi Seth advises on a broad variety of general corporate and finance matters, with a focus 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, and private equity funds, as well as lenders/swap providers, in negotiating International Swaps and Derivatives Association (ISDA) master agreements and credit support arrangements (e.g., credit support annexes),  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 (including IBOR replacement rate terms) relative to finance-linked swaps, bid packages, master repurchase agreements and related custodial arrangements, and clearing documentation.

Ms. Seth represents her clients in negotiating 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 her clients through various ISDA-issued protocols and definitional booklets.

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 SEC, CFTC and state regulatory compliance issues and filings, including Form ADV and Form PF filings.

Experience

  • Latin American and European sovereigns in negotiating ISDA documentation, including credit support arrangements, with several swap dealer banks, and related counsel regarding Dodd-Frank and EMIR.
  • Latin American sovereign in syndicating cross-currency swaps and commodity options.
  • Latin American sovereign in negotiating financed-linked swap transactions relative to bond offerings.
  • Multilateral development bank in both negotiating ISDA documentation, including credit support documentation, with several swap dealer banks and counseling on related Dodd-Frank and EMIR requirements.
  • Fortune 200 corporate client in both negotiating ISDA documentation, including credit support arrangements and trade confirmations, for their US and non-US entities, and counseling on related Dodd-Frank and EMIR requirements.
  • Fortune 200 corporate client in negotiating custodial and trading relationships for digital assets.
  • Fortune 500 corporate client in both negotiating ISDA documentation, including credit support documentation, with several swap dealer banks and counseling on related Dodd-Frank and EMIR requirements.
  • Credit-Suisse (Brazil) in negotiating long-form trade confirmations for bespoke derivatives transactions.
  • Registered clearing agencies in negotiating master repurchase agreements and ISDA derivatives documentation, including advice on associated regulatory issues.
  • Publicly traded financial institution in establishing ISDA and other bespoke derivatives documentation for retail FX transactions.
  • Publicly traded financial institution regarding bespoke credit default transactions to hedge against mortgage loan portfolio.
  • Publicly traded financial institution regarding the negotiation of clearing documentation.
  • Large hedge fund manager in negotiating managed account platforms, sub-advisory relationships, prime brokerage agreements, referral agreements and swap documentation, as well as in advising on 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 negotiating ISDA documentation, loan agreements and bid packages for finance-linked swaps/caps.
  • Nonprofit healthcare organization in Lehman bankruptcy proceedings regarding derivatives close-out calculations.

Perspectives

Recent Announcements Concerning the Cessation of LIBOR (pdf)
The Banking Law Journal, Vol. 138, No. 7
SEC’s New Marketing Rule for Investment Advisers Goes into Effect
Advisory
IBA and FCA Announce Cessation of LIBOR Settings
Advisory
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
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
  • US Court of Federal Claims, The Honorable Reginald W. Gibson
Overview

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