Grant Buerstetta has engaged extensively in the private credit markets throughout his career. His experience is focused on complex structured transactions, including securitizations and credit fund formation and related securities offerings and loan executions. He has represented most of the different parties involved in private credit transactions and has a history and reputation for creative and cooperative problem solving intended to assist his clients in achieving successful execution of important initiatives. He also has significant experience advising on blockchain technology and investments in cryptocurrencies and the intersection of those technologies in the private credit space.
In the structured finance space, Grant focuses on the structuring, execution, revision and unwinding of asset-backed transactions, including CLOs and other securitizations across a broad array of asset classes. Among his clients are collateral managers, originators, business development companies, special purpose entities, rating agencies, hedge counterparties and major financial institutions. Grant is skilled in navigating complex transactions backed by portfolios of credit and other financial instruments and real estate assets.
Grant also has substantial experience negotiating and documenting interest rate, total return and credit default swaps in structured finance transactions. Moreover, Grant’s experience includes analysis, assessment, restructuring and liquidation of myriad distressed transactions following the global financial crisis. He also advised parties on the interpretation of their rights under transaction documents and on the innovative restructuring of transactions, including in the context of litigation. His extensive experience in dealing with distressed transactions following the global financial crisis give him a detailed and nuanced skillset from which to address and protect the interests of transaction parties in new issue transactions.
In the funds space, Grant has formed and advises numerous investment funds, including private credit funds, rated feeder funds, distressed debt funds, collateralized fund obligations and real estate funds. Many of these funds rely on and benefit from Grant’s extensive knowledge of structured finance transactions. His experience allows him to cross boundaries between the fund formation and structured finance practices to develop unique solutions to efficiently meet key client needs.
Grant brings broad experience in domestic and international securities offerings and years of practice in the Hong Kong and New York offices of a major international law firm and as the New York-based co-head of the finance practice of a national AmLaw 100 firm. Grant also brings his experience as a certified public accountant to the benefit of his clients and their transactions.
Recognized by Chambers USA and Chambers Global as a leading capital markets securitization lawyer, Chambers USA noted that Grant "receives widespread praise from his clients and is described as ‘creative and practical,’ with one remarking that he offers ‘a great mix of razor-sharp business sense and zealous representation.'" Notably, Grant co-authored The CLO Manager’s Handbook.
- Represented investment banks, asset managers, SPE issuers and equity investors in new-issue CLOs and CLO warehouses.
- Represented a business development company in establishing, restructuring and syndicating bespoke, rated CLO facilities.
- Advised rating agency in analysis of rated feeder structure investing in a business development company originating middle market loans.
- Represented SPE issuers, asset managers and financial institutions in assessing and restructuring distressed structured transactions (including CDOs and SIVs) following the global financial crisis.
- Represented super senior swap provider and institutional equity investors in directing the liquidation of CDOs.
- Represented financial institutions in coordinating and documenting an auction for unwind of a CLO warehouse.
- Represented a major bank in analyzing its swap portfolio (including analysis of rights and remedies) in distressed structured finance transactions.
- Represented originators/sponsors in securitization of recreational vehicles, marine vehicles, home equity loans, manufactured housing, subprime auto loans and other financial assets.
- Advised SPE issuers, directors and investors in numerous litigations in CDO transactions following the global financial crisis.
- Advised asset manager regarding formation of rated feeder fund structure into private equity funds.
- Represented asset managers in formation of funds investing in private credit and CLO debt and equity.Represented rating agency in rating debt issued by funds investing in these types of credit assets.
- Represented investment advisers in analyzing compliance obligations related to SEC registration requirements.
- Represented real estate asset manager in formation of funds and execution of debt transactions with non-US investors to fund affordable housing business.
- Represented a general partner in the reorganization of operations and extension of credit facility as part of an overall shift in control of fund operations.
- Represented joint venture partners in creating a unique structure to permit a dynamic investment program for commercial mortgage-backed securities (CMBS) and commercial real estate assets.
Distributed Ledger, Blockchain and Cryptocurrencies
- Represented asset managers and investors on the legal and regulatory issues related to investment in or adoption of blockchain technology into their businesses.
- Represented businesses on the legal, regulatory and risk management issues surrounding coin/token offerings and digital securities offerings.
- Represented asset managers in the formation of fund structures focused on emerging technologies, including distributive ledger technologies, blockchain, artificial intelligence and digital currencies.
- The Legal 500 United States, Recommended, Structured Finance: Securitization, 2023
- Chambers USA, Capital Markets: Securitization, 2018–2020
- Chambers Global, Capital Markets: Securitization, 2016–2020
- Chambers USA, "Leading banking and finance lawyer," 2012–2013
Memberships And Affiliations
- Member, Lehigh Lawyers Association
- Member, American Institute of Certified Public Accountants
- Member, CLO Sub-Committee, Structured Finance Association
- Member, Loan Syndications & Trading Association