Grant Buerstetta represents financial institutions, asset managers, issuers and investment funds regarding their debt and structured securities initiatives. He advises on complex structured and asset-backed securities and securitization, alternative investment fund formation and operation, securities issuances in domestic and international capital markets, and blockchain technology and cryptocurrencies.
Grant analyzes, structures, revises and unwinds asset-backed securities, including private offerings and SEC-registered transactions. Among his clients are collateral managers, originators, rating agencies, hedge counterparties and major financial institutions involved in collateralized debt obligations (CDOs), collateralized loan obligations (CLOs) and other securitization transactions. Grant is skilled in navigating his clients through transactions backed by portfolios of financial instruments and real estate assets, including CDOs backed by commercial and residential mortgage-backed securities, mortgage loans and other commercial real estate assets.
In addition, Grant negotiates and documents interest rate swaps and credit default swaps (including pay-as-go swaps and super senior swaps) on behalf of special purpose vehicles/issuers and financial institutions in structured finance transactions. Moreover, Grant’s experience includes analysis, assessment, restructuring and liquidation of myriad distressed transactions. He also advised parties on the interpretation of their rights under transaction documents and on the innovative restructuring of transactions. He has also formed and advises numerous alternative investment funds that have adapted hedge fund and private equity fund elements into hybrid structures that accomplish specific investment objectives.
Grant brings broad experience in domestic and international securities offerings and years of practice working in the Hong Kong office of a major international law firm to his practice today. He has represented issuers, underwriters and other clients throughout Asia in international securities transactions, provides veteran skill in private placements and Investment Company Act exemptions, and brings substantial public accounting acumen to everything he does.
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 asset managers, SPE issuers and hedge counterparties in new-issue collateralized loan obligations (CLO 2.0).
- Represented a loan originator in establishing, restructuring and syndicating bespoke rated CLO facility.
- Represented issuers and financial institutions in assessing and restructuring distressed structured transactions (including CDOs and SIVs).
- Represented collateral managers of CDOs and CLOs in analyzing issues arising as a result of the credit crisis and in addressing various ongoing operational issues.
- Represented an institutional equity investor 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 swap transactions (including analysis of rights and remedies) in distressed structured finance transactions.
- Represented special purpose vehicles/issuers in conjunction with the termination of swap transactions following events of default under swap documents.
- Represented a major bank in novation of interest rate swaps (including complex credit intermediation transactions) following downgrades of existing hedge counterparties.
Alternative Investment Funds
- Represented investment advisers in analyzing obligations in complying with SEC regulations.
- 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 technology companies on the formation and regulation of platforms and exchanges to trade digital/cryptocurrencies.
- Represented various clients on federal (FinCen) and state money transmission regulatory issues.
- Represented asset managers in the formation of fund structures focused on emerging technologies, including distributive ledger technologies, blockchain, artificial intelligence and digital currencies.
- Chambers USA, Capital Markets: Securitisation, 2018–2020
- Chambers Global, Capital Markets: Securitisation, 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