Brian Foster is a partner in Cadwalader's Financial Services Group and represents financial institutions in a wide range of transactional and regulatory matters. He represents both sell-side and buy-side clients in connection with financing transactions involving funds of funds, hedge funds, private equity funds, mutual funds, closed-end investment companies, high net worth individuals, family offices, trusts, corporations, insurance and reinsurance companies, endowments, and pension plans. Brian has experience with a range of financing structures, including term loans, liquidity lines, NAV facilities, subscription facilities, hybrid facilities, FINRA-approved subordinated loans, margin loans, option structures, total return swaps, preferred share issuances and secondary liquidity facilities, and repurchase, securities lending and prime brokerage facilities, as well as with related currency and interest rate hedging arrangements and collateral conversion transactions. Brian works on structures involving a variety of non-standard collateral, such as hedge fund interests, private equity fund interests, exchange fund interests, capital contribution obligations, management and incentive fee streams, asset-backed securities, restricted stock positions, gold, loans, and statutory appraisal rights. He also advises clients with respect to derivatives and structured financial products, including equity-, fund-, rate-, currency-, and commodity-linked OTC derivatives and structured notes. Brian advises numerous leading global investment banks as to compliance with the Volcker Rule.
Prior to joining Cadwalader, Brian worked at Lehman Brothers Holdings Inc. in connection with the unwinding of its derivatives book in bankruptcy. He also worked as a structurer in Global Fund Derivatives at Deutsche Bank, where he arranged fund finance transactions and fund-linked structured product transactions.
Brian has been recognized as a “Next Generation Lawyer” by The Legal 500 United States in structured finance, and is recognized as an “Up and Coming” derivatives lawyer in Chambers USA. He received a B.A., magna cum laude, from Santa Clara University, and his J.D., cum laude, from Georgetown University Law Center. He speaks Spanish and has studied and worked in Latin America. He is admitted to practice in the State of New York.