Rob Coughlin represents corporate trustee banks in complex debt securities and securitization transactions. He advises clients in deal origination, resolution of distressed and defaulted transactions, including portfolio liquidation and litigation, and navigation of other problem situations in corporate, municipal and structured finance, including related questions of regulatory compliance and risk management.
Since the financial crisis of 2008, I have mostly focused on helping trustees navigate the unprecedented and unexpected challenges faced in their securitization transactions.
For example, early on I represented two major trustees in different aspects of the federal bailout and sale of Bear Stearns. Since the collapse of Lehman Brothers I have been involved in a variety of CDOs requiring the resolution of Lehman swaps. I have spent much time resolving a variety of CLO/CDO tranche disputes, including complex issues of indenture interpretation, some requiring litigation (such as one of the first trustee-initiated interpleaders), and guiding clients through numerous CDO and CLO defaults and portfolio liquidations. I also regularly advise trustees in a variety of redemption and amendment situations.
More recently, I have been focused on advising RMBS-trustee clients involved in different stages of mortgage loan repurchase obligation enforcement, including guidance with investor relations and communications, loan file forensics, PSA analysis and related enforcement litigation.
I continue to represent trustees in new originations, including new CLOs, corporate debt (public and private, secured and unsecured) and municipal debt (including industrial development/project bonds, housing bonds, utility bonds and a variety of higher education and hospital/health care bond programs). A more normal structured finance market would include RMBS, CMBS and other ABS.
I also advise on regulatory questions particular to corporate trust operations and administration and in the development of internal best-practices and risk-management procedures.
I follow current litigation, regulatory and other market developments daily, to inform my advice to clients. While trustees face the challenge ahead of a more complex and demanding financial market, I am working on strategies to help them grow their business while managing their risk.
This article covers US Bank and Wells Fargo asking the US Court of Appeals for the Third Circuit to reverse a December 2021 ruling in the Hertz Corp. Chapter 11 case that dismissed the banks’ claims for make-whole premiums on a series of unsecured notes that totaled $2.7 billion. The article mentions NP for representing US Bank in the case. Boston Corporate partner and Bankruptcy & Financial Restructuring team leader Rick Pedone appeared on behalf of US Bank. The NP team also includes Boston Complex Disputes partner George Skelly, New York City Corporate counsel Chris Fong, Boston Corporate associate Jack Murray, and Boston Global Finance senior counsel Rob Coughlin, who leads the client relationship in the matter.
Boston College, A.B.
Boston University School of Law, J.D.
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