Brian Sung


Education and Clerkships

J.D., Columbia Law School, 2000, Managing Editor, Journal of Transnational Law; Parker Certificate (Achievement in International Law)

A.B., Economics and Government, Dartmouth College, 1997, Editorial columnist, campus daily paper The Dartmouth; Board member, World Outlook international affairs journal

Bar Admissions

New York, 2001





Brian Sung is counsel in the Finance practice group in the New York office of Haynes and Boone, LLP, and concentrates his practice in the areas of derivatives, prime brokerage and equity lending and structured finance. He represents banks, hedge funds and other financial institutions as well as borrowers, institutional investors and other corporate entities in connection with a variety of derivatives, structured products and other financing transactions and in providing related regulatory and interpretive advice.

Brian also has experience working on a broad range of finance, M&A, private equity and securities transactions.

Selected Client Representations

  • Representation of investment banks, hedge funds, lenders, borrowers, hedge counterparties, energy companies and other end users in the entry into ISDA Master Agreements and a variety of hedging and swap transactions.
  • Provision of interpretive advice on terms of new and existing ISDA Master Agreements, derivatives transactions and ISDA definitions, annexes and forms.
  • Representation of investment banks in standalone and program total return swap and equity- and hedge fund-linked derivatives transactions.
  • Representation of investment banks, hedge funds, energy companies and other end users in plain-vanilla and structured currency-, rate-, energy- and commodity-linked swaps.
  • Representation of investment banks, life settlement providers/originators, insurers and reinsurers in longevity-, mortality- and catastrophe-linked swaps, bonds and other risk transfer arrangements.
  • Representation of investment banks and hedge funds in bespoke credit default swap transactions in OTC swap form and in credit-linked note form referencing a range of underlying reference obligations.
  • Representation of investment banks and structured vehicles in connection with the establishment and amendment of derivatives product companies (DPCs) and related derivatives transactions.
  • Representation of banks on establishment of structured note and repackaging programs, and issuance of notes, trust certificates and certificates of deposit.
  • Representation of banks, dealers and hedge funds on repo, stock lending and prime brokerage and custody arrangements.
  • Representation of arrangers, collateral managers, swap counterparties, monoline financial guarantors and institutional investors in the structuring, negotiation, documentation, restructuring and amendment of, and interpretive advice in relation to, cash, hybrid and synthetic collateralized debt obligation (CDO), collateralized loan obligation (CLO) and structured investment vehicle (SIV) transactions.
  • Representation of life settlement providers/originators, insurers and investment banks in the warehousing and securitization of life settlement policies and related regulatory and structuring advice.
  • Advising banks, secured parties and other counterparties as to ramifications of the potential insolvency, rating downgrade or default of counterparties such as banks, hedge counterparties, insurers, custodians, trustees, borrowers and monoline financial guarantors under relevant transaction documents as well as relevant insolvency, banking and insurance regulatory regimes.
  • Representation of collateral managers and institutional investors in connection with the workout and restructuring of various distressed and defaulted structured products assets and investments.
  • Representation of monoline financial guarantors, investment banks, reinsurers, structured vehicles and swap counterparties in primary and secondary credit protection arrangements involving the issuance of financial guaranty insurance policies and/or entry into credit default swap transaction referencing a variety of underlying financial assets, and amendments and restructurings of such arrangements.

Representative Experience

  • Deutsche Bank/Green Energy Team Hawaii Biomass Project

    Represented Deutsche Bank Securities Inc., as Mandated Lead Arranger and Lender for a $76.1 million loan facility to fund construction of a 7.5-megawatt (net) biomass-to-energy facility on the island of Kaua'i, Hawaii.

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