Edward "Ed" H. Ivey

Ed’s transactional experience includes serving as regulatory and transaction counsel for some of the largest financial firms in the world. He has assisted multiple non-Swap Dealer banks in developing and implementing interest rate and FX swap programs from the ground up. Additionally, he developed bespoke total return swap and prime broker documentation, including a "first of its kind" Total Return Swap and Master Confirmation based on the 2005 Commodity Definitions, and helped draft TRSs based on the 2002 Equity Definition, 2006 Fund Definitions, or custom definitions. Ed and his team also advised a U.S. Swap Dealer expanding its dealing activity to include physical commodities by preparing the Form Confirmation for Swaps, Forwards, Options, and Exotic Options.

Ed is at the forefront of the digital assets space, advising dealers on registration and compliance matters since joining Moore & Van Allen in 2020. His clients include several Swap Dealers, traders, and liquidity providers in the digital and crypto assets markets. In this role, he drafted one of the first suites of Prime Broker Documentation for use in the digital assets space.

He also regularly assists regional and smaller banks in building out their derivatives desks, advising on transactional and regulatory matters, and providing business line training on commercial issues that impact their business.

Ed is the Founder-Editor of "Unhedged Updates," an email alert and blog read by in-house legal and business teams from some of the largest financial institutions in the world. Before starting Unhedged Updates, Ed established his thought leadership by publishing content with various third-party sources, speaking at numerous panels, and being interviewed for various publications. Examples include:

• “The Future Dominant Reference Rate of the Loan Market: Will There Be One Rate to Rule Them All?”, Thomson Reuter’s Futures & Derivatives Law Report., (September 2021)
• “Human Rights-Focused Lending Models Can Curb Trafficking”, Law360 (August 2021)
• Ethical Concerns: When the Client Does Not Intend to Register”, ABA Business Law Section – Derivatives and Futures Law Committee (January 2021)
• “Election Season Special: 2021 Candidates for LIBOR Replacement”, Futures & Derivatives Law Report (November 2020)
• “Bilateral Loans and Hedging the LIBOR to SOFR Transition”, Futures & Derivatives Law Report (October 2019)
• “The U.S. Margin Requirements: The Impact on Special Purpose Vehicles (SPVs) used in Securitizations, Repackagings and Other Structured Products”, Futures & Derivatives Law Report (April 2017)
• “Global Margin Requirements for Non-Cleared Derivatives: Important Differences in the Margins”, Futures & Derivatives Law Report (June 2016)
• "A New Course for Cross-Border Swaps Reform”, IFLR Magazine (November 2014)
• ·"To Be, Or Not To Be, An FCM’s Depository For Customer Funds?”, Futures & Derivatives Law Report (April 2014)
• “When Is A Swap Not A Swap? Navigating The Different Definitions Of “Swap Agreement” Under The Bankruptcy Code And The Commodity Exchange Act”, Futures & Derivatives Law Report (September 2013)

He has also been interviewed or asked to speak at various conferences, including the ABA Annual Futures and Derivatives Law Committee Conference, FIA Law and Compliance Conference, Managed Funds Association New York Conference, and the American Conference Institute's National Advanced Summit on Swaps and Derivatives Global Market Regulation. He has also been interviewed and quoted in various publications, including Risk.net, OTC Space, Derivsource.com, Lexis Nexus Banking & Finance, International Financial Law Review (IFLR) and the American Banker. Ed has also been recognized as a leader in derivatives by the IFLR1000. Capital Markets: Derivatives and Structured Finance and Securitization, since 2014. Recently, he was recognized by The Daily Report’s Southeastern Legal Awards “On the Rise”, 2023.

• Assisted clients in day-to-day corporate matters, including policies, board resolutions, appointments, preparing and amending organizational documents and negotiating common contracts (loans, credit facilities, licenses, leases and supplier contracts)
• Advised large New York real estate development company in obtaining financing and hedging against interest rate risks for multiple projects
• Advised US and non-US Swap Dealers and other large financial institutions with respect to US regulatory compliance issues associated with interest rate, FX transactions and other derivatives, including: the Volcker Rule and Title VII of the Dodd-Frank Act. Reviewed and assisted in preparing internal compliance policies and procedures related to such issues
• Advised numerous financial institutions, investment vehicles and corporations around the world (e.g., power companies, real estate development companies, manufacturers and multi-national corporations) and negotiated derivative documentation and related collateral and pledge documentation for various transaction types, including: FX, interest rate, cross-currency, physical commodities and gas transactions
• Advised advisors and trustees of hedge funds, pensions and other collective investment vehicles with respect to corporate and financial arrangements and compliance matters
• Advised various US and non-US broker-dealers with respect to US regulatory compliance issues and registration exemptions under the SEC and CFTC regulations
• Drafted negotiation manuals for various forms of interest rate, FX and other derivative trading documentation, including: CSAs, CSDs, ISDA Schedules, Futures Account Agreements and FIA-ISDA Cleared Derivatives Execution Agreements
• Reviewed and assisted in preparing internal compliance policies and procedures related to compliance with US laws and regulations applicable to derivatives
• Advised other attorneys globally on US derivative regulations, along with comparisons against non-US derivative regulations such as EMIR, MiFID and MiFID II