Brandon M. Hammer
Partner
Brandon M. Hammer’s practice focuses on a broad range of creditors’ rights, netting, financial regulatory, bankruptcy, digital asset, and market infrastructure issues.
His clients include financial institutions, clearinghouses, sovereigns, and end users. He is frequently counsel to leading financial market trade associations and ad hoc coalitions on major industry initiatives and industry-standard opinions.
He regularly advises clients regarding close-out netting rights under a variety of different U.S. insolvency regimes, including the Bankruptcy Code, the Federal Deposit Insurance Act, the Securities Investor Protection Act, the New York Banking Law, and the Orderly Liquidation Authority title of the Dodd-Frank Act, and represents clients before federal regulatory agencies and self-regulatory organizations.
Brandon joined the firm in 2014, became counsel in 2022, and became a partner in 2024.
Notable Experience
Notable Experience
Multiple digital asset custodians on the development of structures that ensure the bankruptcy remoteness of custodied assets
Numerous financial institutions in connection with derivatives, repurchase, securities lending and forward agreements, account documentation, receivables financing, and related collateral security matters.
Leading industry associations and ad hoc consortia in dozens of comment letters to the CFTC, the SEC, and the U.S. banking regulators.
Depository Trust and Clearing Corporation on the development of its Sponsored Member Service and the Securities Financing Transactions Clearing Service.
Regularly counsels clients on how to address counterparty defaults under swap agreements, repurchase agreements, and other financial transactions.
Goldman Sachs in regulatory, documentation, netting, and commercial law matters involving cryptocurrency transactions and certain other matters relating to digital assets and distributed ledger technology.
U.S. and non-U.S. financial institutions in connection with mediations and restructurings involving repurchase agreements and swap transactions.
Gemini on custody and control agreements as well as perfection and bankruptcy issues associated with Bitcoin, stablecoins, and other digital assets.
LCH Limited on the development of arrangements that facilitate the treatment of variation margin as settlement.
ISDA on the rights of a customer in the event of a futures commission merchant insolvency.
Numerous financial institutions on the development of cross-product and cross-entity netting arrangements to facilitate cross-product margining.
Custodia (fka Avanti) in connection with the development of the Avit and associated commercial law and insolvency issues.
Paxos Trust on the insolvency treatment of custody arrangements for stablecoins.
Selected Activities
trigger- Faculty; Financial Institutions, Markets, and Transactions Training Series; 2022-2023
Publications
Agencies Adopt Final Guidance for Resolution Plans of Domestic and Foreign Triennial Full Filers
U.S. Adopts Reporting Rules for Non-Centrally Cleared Bilateral Repo Transactions
Corporates Face Novel Risks From Debt Ceiling Impasse—Even if No Default Occurs
Considerations for Portfolio Companies with Relationships with Silicon Valley Bank
FDIC Continues Rulemakings Related to Misrepresentation in Advertising
FDIC Issues Cease and Desist Letters to Companies for Crypto-Related Representations
FDIC and CFPB Adopt Sweeping Guidance on Deposit Insurance Advertising
Third Circuit Holds ‘Triangular Setoff’ Unenforceable in Bankruptcy
Federal Reserve Finalizes Expansion of Regulation EE’s ‘Financial Institution’ Definition
Second Circuit Rules Provisions in Lehman CDOS Setting Payment Priorities Protected by Safe Harbor
CFTC Finalizes Swap Dealer Capital and Financial Reporting Rules
CFTC Proposes Comprehensive Revision of FCM and DCO Insolvency Rules
SEC Finalizes Security-Based Swap Capital, Margin, and Segregation Requirements
The Potential Implication of the Supreme Court’s Holding in Merit Management
Federal Reserve Board Proposes to Expand Netting Protections of FDICIA to Additional Institutions
District Court Clarifies Application of Anti-Avoidance Safe Harbor
CFTC Adopts Loan-Related Swap Exclusion from De Minimis Exception
CFTC Adopts Permanent $8 Billion Swap Dealer De Minimis Threshold
CFTC Proposes Amendments to Swap Dealer De Minimis Exception
SDNY Rules on Scope of Section 560 Safe Harbor in Lehman Bankruptcy
Events
April 24, 2024
April 16, 2024
December 19, 2023
November 7, 2023
November 6, 2023
October 26, 2023
October 3, 2023
October 2, 2023
September 7, 2023
April 28, 2023
April 28, 2023
April 11, 2023
October 27, 2022
October 26, 2022
August 17, 2022