Dave Krohn focuses his practice on representing financial institutions, hedge funds, and other parties to complex financing transactions. He has over 25 years of experience in structured finance, commercial finance, derivatives and the development of innovative financial products. His experience includes a broad range of asset classes and financial products.

Mr. Krohn's practice includes advising clients with respect to secured and unsecured credit facilities, structured financings backed by such assets as auto loans, credit card receivables and residential mortgages, as well as more unusual assets, aamong them hedge fund investments and shipping container leases. He is familiar with securities lending arrangements and repurchase agreement structures.

The recent credit crisis has resulted in a number of US government programs to address the drag on the economy resulting from so-called toxic or legacy assets. Mr. Krohn has been in the forefront of advising clients with respect to these government programs, such as the Troubled Asset Relief Program (TARP) and the Public Private Investment Program. He provides advice regarding these and related programs and potential transaction structures for acquiring distressed assets in the private markets or from such government entities as the FDIC.
In his derivatives practice, Mr. Krohn has represented both dealers and end users in all stages of derivative products. He has advised dealers regarding the development and structuring of new products and their proper regulatory treatment. He regularly negotiates swaps, swaptions, caps, collars and a variety of other transactions. Many of these transactions are related to complex securitization or other financing structures. He frequently advises clients regarding termination  of derivatives trades, including the proper exercise of netting, closeout and set-off provisions.

Because of his familiarity with these transactions, he has been involved in several high-profile investigations of complex financing structures, derivatives and funds transfers. Mr. Krohn came to DLA Piper from Alston & Bird, where he acted as the lead structured finance partner on the team that represented the Enron Bankruptcy Examiner in his investigation of Enron’s use of special purpose entities and off-balance sheet financings. He has also represented an agency of the US government in a review of certain complex financial transactions entered into by regulated government sponsored enterprises.

Mr. Krohn chairs DLA Piper's Derivatives Committee and has lectured extensively on the proper use of structured finance products, derivatives and off-balance sheet financing techniques. At the request of multiple US government agencies, Mr. Krohn prepared and presented programs to help them analyze the financial products underlying the recent credit crisis.

He is listed in The Best Lawyers in America for his derivatives and structured finance practice.

Representative Experience

• Counsel to a leading hedge fund in connection with its participation as a fund manager in the US Treasury’s Public Private Investment Program.
• Counsel to a leading hedge fund group in derivatives, finance and restructuring matters.
• Counsel to numerous counterparties of Lehman Brothers entities in connection with the termination and closeout of derivatives positions, both in the US and cross-border.
• Counsel to numerous public and private companies with respect to their derivatives programs.
• Counsel to financial institutions in connection with derivatives products relating to their securitization programs.
• Counsel to a US federal government agency in an investigation of certain complex financial transactions entered into by regulated government sponsored enterprises.
• Counsel to a leading global telecommunications company in an investigation of complex financial transactions and potential fraud.
• Counsel to financial institutions, hedge funds and other market participants in connection with structuring innovative financing transactions raising complex commercial, accounting and regulatory issues.