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 and became counsel in 2022.

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Notable Experiences

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.

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Publications