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Areas of Practice
Professional Background
Professional/Civic Activities
Bar Admissions
Education
Additional Information
Languages
Areas of Practice
Mr. Peery works exclusively as a derivatives lawyer.
He represents a wide range of clients in the firm's Investment Management, Derivatives and Structured Products practice groups and is a leader of the firm's Derivatives Task Force. Mr. Peery runs the derivatives, prime brokerage and repurchase facility training program within the firm.
Professional Background
Mr. Peery regularly handles these matters:
- Washington D.C. Derivatives and Structured Finance Representation. Mr. Peery assisted with several investigations by Congress in connection with a series of Congressional hearings involving structured finance products and derivatives provided by major international investment banks to Enron Corp.
- Post-Lehman Derivatives Representation. Mr. Peery is extensively involved in exchange and central clearing initiatives and develops protective language in brokerage documentation to manage counterpart risk.
- Derivatives Counterparty Risk and Counterparty Insolvency Representation. Mr. Peery provides practical legal advice to minimize counterparty risk and has represented end-users in bringing about the termination of derivative and cash trades and release of collateral.
- Prime Brokerage, Securities Lending, Repos and Related Derivatives Documentation. When clients enter into derivative trading relationships with prime brokers, Mr. Peery negotiates prime brokerage documentation, including Margin Agreements, Master Securities Loan Agreements, Global and Overseas Lending Agreements; ISDA Master Agreements and accompanying Schedules and Credit Support Annexes; tri-party/Control Agreements; futures, commodities and options documentation; Bridge Agreements and ERISA amendments to margin account agreements. Mr. Peery is experienced in handling 130/30 strategy, margin lending and other prime brokerage matters, as well as rehypothecation and securities lending projects.
- Futures Documentation. Negotiate a wide array of futures documentation and maintain high-level exchange contacts.
- Fund Crisis Management and Valuation Issues. Mr. Peery has recently represented both hedge funds and registered funds in a wide range of disputes involving collateral valuation, ISDA Events of Default and Early Terminations; transfers of ISDAs from off-balance sheet swap providers, novations and fund wind-downs.
- Lehman-related Representation. Mr. Peery assists bankruptcy counsel in negotiating settlement of derivatives, TBAs and other "post-Lehman" trade terminations and collateral dispositions on behalf of creditors in the Lehman proceedings. Mr Peery also acts for creditors in the sale of claims.
- County Representation. Mr. Peery represents a California municipality that is active in derivatives, futures and prime brokerage transactions.
- Exchange - Traded Derivatives. Retained to represent traditional and hedge fund clients in putting in place documentation for exchange-listed options and other derivatives traded on exchanges.
- Energy Derivatives. Mr. Peery is a current member of the ISDA Emissions Trading Working Group and counsels energy clients on ISDA Master Agreement documentation projects.
- Environmental Derivatives. Mr. Peery speaks at cap and trade seminars and serves on the ISDA committees charged with the responsibility of developing documentation for environmental derivatives.
- Total Return Swaps. Mr. Peery worked as the lead attorney in the structuring, negotiation and documentation of numerous TRSs, including a complex bespoke TRS for a major international bank.
- Interest Rate Swaps. Mr. Peery has structured and negotiated fixed-to-floating interest rate swaps in numerous transactions, and, most recently, sets of interest rate swaps and back-to-back swaps in connection with securitizations involving automobile loans. As outside rating agency counsel, Mr. Peery has reviewed over 20 interest rate swaps accompanying rated structured finance transactions.
- Caps, Floors and Collars. Mr. Peery has handled derivatives documentation for numerous caps accompanying large commercial real estate transactions as well as floors and collars.
- Cost of Funds Swap. Mr. Peery structured an interest transformer swap for a commercial paper conduit sponsored by a French investment bank.
- Credit Default Swaps. Mr. Peery was the lead attorney in the preparation and negotiation of numerous credit default swaps, including the negotiation of form-approved synthetic documentation governed by applicable rating agency criteria. He has negotiated a credit default swap involving 737 aircraft leases, as the reference obligations, for a major international fund. Mr. Peery has also assisted with the representation of swap insurers and credit enhancers in connection with structured finance transactions and negative basis credit default swaps.
- Property Derivatives. A former member of the ISDA Property Derivatives Definitions Committee, Mr. Peery has written extensively on property derivatives and currently assists funds in structuring those derivatives.
- Derivatives and Traditional Real Estate Finance Experience. Represented clients in the structuring and documentation of various funds that have focused exclusively or substantially on real estate investments. For investors and other clients in the real estate space and other investment areas, documented a wide array of derivatives relating to real estate transactions, including caps, collars and interest rate swaps. In the secondary markets, documented residential mortgage-backed securities and commercial mortgage-backed securities. Represented a leading credit rating agency in rating CMBS and RMBS and analyzing derivatives that accompanied those securities, including collateralized debt obligations, synthetic CDOs and CDO squared transactions. For commercial real estate clients such as REITS, structured, negotiated and amended numerous repurchase and warehouse facilities and for those clients repo'd over one hundred real estate assets including whole loans, mezzanine pieces and other subordinated debt in connection with those facilities. Provided in-house seminars on repurchase and warehouse facilities and taught co-counsel on these facilities. Instrumental in assisting clients in moving from traditional real estate investments to the use of synthetic instruments such as total return swaps with property index underliers. Authored "Property Derivatives: The Next Generation Global Alternative Investment" in Real Estate Finance: Law, Regulation & Practice (Butterworths, 2008).
- ISDA Documentation. Mr. Peery has prepared and finalized other derivatives documentation for numerous registered funds and hedge funds ranging from plain vanilla derivatives to exotic derivatives provided by Barclays, Bear Stearns, Goldman Sachs, Morgan Stanley, HSBC, Bank of America, Jefferies & Company, Merrill Lynch and other dealers.
- Trading in 2010: What you need to know about Derivatives and Futures Trading in 2010. K&L Gates Webinar by, Gordon F. Peery, Peter N. McIsaac, NYSE Euronext. November 24, 2009.
- Counterparty Risk Seminar. K&L Gates Webinar, by Gordon F. Peery, Daniel F. C. Crowley, Charles A. Dale III, Brian Gallagher, Asset Management Industry Professional Practice Director, Deloitte; Van Hatziyianis, Head of US OTC Services, NYSE Euronext; Marisol Collazo, Deriv/SERV Trade Information Warehouse. March 5, 2009.
Professional/Civic Activities
Mr. Peery is a current member of International Swaps and Derivatives Association, Inc. ("ISDA") committees and working groups, including the Potential Industry Improvements working group and various other ISDA bodies directly involved with post-Lehman and central counterparty matters, the Energy, Commodities and Developing Products Committee; Japan Committee; ISDA Definitions Working Group; Emissions Trading Working Group; the Covered Bonds Working Group and the ABS Hedging Documentation Project Working Group. Mr. Peery is a former member of the following ISDA committees: Collateral Framework Working Group; Property Derivatives; Collateral Committee; and the Credit Derivatives - ABS Committee.
Bar Admissions
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Bar of California
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Bar of Massachusetts
Education
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J.D.,
Vanderbilt Law School
(1995)
(recipient, Bennett Douglas Bell Memorial Honor)
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B.A.,
University of Southern California
(1991)
(magna cum laude; Phi Beta Kappa)
Additional Information
Publications
- With Comprehensive Clearing Mandates, Historic Legislation Poised to Create a Sea Change in Regulation of the U.S. Derivates Market, Bloomberg Law Reports, Volume 1 Number 6, by Gordon F. Peery. June 2010.
- "September 22, 2009 Deadline Set for Asserting Lehman Claims, Including Derivative and Guaranty Claims," Investment Management Alert, by Gordon F. Peery, Charles A. Dale III, Mackenzie L. Shea, Matthew P. O'Connor. August 19, 2009.
- "OTC Derivatives Legislation Continues to Take Form," Capital Markets Reform Group Update, by Gordon F. Peery, Lawrence B. Patent, Anthony R.G. Nolan. August 11, 2009.
- "Regulators Focus on High-frequency Trading and Market Structure: Flash Orders, Indicators of Interest, Dark Pools and Co-location," Investment Management Alert, by Mark D. Perlow, Gordon F. Peery, Robert H. Rosenblum. August 5, 2009.
- "Small Bang Protocol Adherence Period Closes on July 24, 2009," Investment Management Alert, by Gordon F. Peery. July 21, 2009.
- "SEC Approves FINRA Rule for CDS Risk Monitoring Procedures and Margin Requirements," Investment Management Alert, by Gordon F. Peery, Philip M. Cedar. June 15, 2009.
- "Comprehensive Regulatory Framework for OTC Derivatives Proposed as a Prelude to Reform of the U.S. Financial System," Investment Management Alert, by Gordon F. Peery, Anthony R.G. Nolan, Lawrence B. Patent, Daniel F. C. Crowley, Robert H. Rosenblum, Karishma Shah Page. May 19, 2009.
- "Reporting Rule and So Much More: Setting the Stage for Cap and Trade for U.S. and International Trading Transactions," Environmental Alert, by Elizabeth Thomas, Brianne P. Anderson, Maria Cull, Denise M. Lietz, Gordon F. Peery. May 8, 2009.
- "TALF Expanded to Include CMBS," Investment Management Alert, by Anthony R.G. Nolan, Daniel F. C. Crowley, Gordon F. Peery, Drew A. Malakoff. May 5, 2009.
- "Investment Management Update," Investment Management Alert, by Diane E. Ambler, Danny Asher Brower, Daniel F. C. Crowley, Kurt J. Decko, Stacy L. Fuller, Brian M. Johnson, Jeffrey B. Maletta, Karishma Shah Page, Gordon F. Peery, Lynn A. Schweinfurth, Nicholas G. Terris, Roger S. Wise, Robert A. Wittie, Manjinder Cacacie. Spring 2009.
- "Treasury Department May Facilitate Broader Participation in Legacy Securities PPIP," Investment Management Alert, by Phillip J. Kardis II, Anthony R.G. Nolan, Gordon F. Peery, Joanne A. Skerrett. April 10, 2009.
- "Public-Private Investment Partnerships To Tackle Legacy Toxic Assets," Distressed Real Estate and Investment Management Alert, by Anthony R.G. Nolan, Daniel F. C. Crowley, Gordon F. Peery, David H. Jones, Anthony J. Barwick. March 31, 2009.
- "A New Era for Credit Default Swaps, ISDA Launches the Big Bang Protocol, Determinations Committees and SNAC CDSs," Investment Management Alert, by Gordon F. Peery, Robert A. Wittie, Anthony R.G. Nolan, Stacey H. Crawshaw-Lewis. March 13, 2009.
- "The Term Asset-Backed Securities Loan Facility Takes Form," Investment Management Alert, by Gordon F. Peery, Anthony R.G. Nolan, Daniel F. C. Crowley, Matthew P. O'Connor. March 13, 2009.
- "The Term Asset-Backed Securities Loan Facility in Sharper Focus," Investment Management/Hedge Fund Alert, by Gordon F. Peery, Daniel F. C. Crowley, Anthony R.G. Nolan, Michael S. Caccese, Drew A. Malakoff, Karishma Shah Page. February 23, 2009.
- "Opening Salvo Fired In Financial Market Reform Effort, But Many Battles Lie Ahead," Investment Management and Public Policy, by Lawrence B. Patent, Anthony R.G. Nolan, Daniel F. C. Crowley, Gordon F. Peery. February 19, 2009.
- "January 30, 2009 Deadline for Lehman Brothers Inc. "Customer" Claims," Hedge Fund/Investment Management Alert, by Gordon F. Peery, Charles A. Dale III, Mackenzie L. Shea. January 20, 2009.
- "The Lifecycle of Lehman Trade Fails," Investment Management Alert, by Gordon F. Peery. October 27, 2008.
- "Property Derivatives Come of Age," New Law Journal, by Andrew V. Petersen, Gordon F. Peery. 08 August 2008.
- "Cover from the Storm: Federal Regulators Promote Covered Bonds to Stabilize Capital Markets," Structured Products and Depository Institutions Alert, by Anthony R.G. Nolan, Gordon F. Peery, Lorraine Massaro. August 7, 2008.
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