Erik Schneider

What do you focus on?

I work with fiduciaries in corporate debt transactions, collateralized loan and debt obligations and other asset-backed securitizations, custodial arrangements and warehouse credit facilities. I guide my clients through the lifecycle of their transactions, from origination through redemption and discharge, while covering amendments, refinancing and re-pricings, and general interpretation questions that can arise in the life of a transaction.

I also advise trustees on their roles as fiduciaries after an event of default and in bankruptcy cases. In connection with structured defaults, whether voluntary or involuntary (including exercising rights and remedies under Articles 8 and 9 of the UCC), I represent trustees and assist them in the wind-down of complex financing arrangements, including the termination of derivative contracts.

What do you see on the horizon?

I believe corporate trustees and their business will be impacted by technology in the form of blockchain and other so-called fintech developments and investor demand for increased transparency in structured financings in the form of asset level reporting and monitoring.

In addition, trustees will have to address the possibility of a cessation of LIBOR in the near future in new transactions being negotiated now, and find solutions for current deals that closed well before a cessation of LIBOR was conceivable.

These developments will present both challenges and opportunities to financial institutions, their clients and investors. My role as counsel is to guide our clients through these challenges and help them take advantage of any opportunities in addition to helping them continue a robust business and be prepared for the next set of challenges.

Speaking Engagements

• Panelist, “Beyond the Marblegate: An Update on the Recent Developments Affecting Corporate Trustees and Investors,” ABA Business Law Section Annual Meeting

Publications

• “Derivatives” in Reorganizing Failing Businesses, Third Edition: A Comprehensive Review and Analysis of Financial Restructuring and Business Reorganization; ABA Publishing, 2017. (Co-author)