Edwin E. Smith

Ed advises creditors and counter-parties on commercial and insolvency risks in sales, leasing, financing, investment securities, and derivatives and repo-style transactions and has represented parties in major insolvencies. He has been a guest speaker for bar and trade organizations including ALI-CLE, the American Bar Association, the American Bankruptcy Institute, the International Insolvency Institute, the Association of Commercial Finance Attorneys, the Boston Hedge Fund Group, the Commercial Finance Association, the National Conference of Bankruptcy Judges, the Equipment Leasing Association, the Practicing Law Institute, the Risk Management Association, and various local bar associations. Having actively participated as a Uniform Law Commissioner in the drafting of a number of the recent revisions to the Uniform Commercial Code (UCC), Chambers USA noted he “probably knows as much about UCC as anybody in the country.”

Selected Representations

Public

Counsel to Exelon Corporation in the Chapter 11 of Pacific Gas & Electric Company
Counsel to various purchasers of assets in the Chapter 11 of Sun Edison
Counsel to UBS AG in the Chapter 9 bankruptcy of the City of Detroit
Counsel to Cantor Fitzgerald & Co. in the Chapter 11 of The Sand Spring Funds
Counsel to various creditors of Lehman Brothers Holdings Inc. and its subsidiaries
Counsel to senior secured lenders of Muzak Inc.
Counsel to major contractor in US Shipping Partners L.P.
Counsel to Chapter 11 plan administrators for Refco Inc. and its subsidiaries
Counsel to Chapter 11 trustee of Refco Capital Markets Ltd.
Counsel for prepetition and postpetition bank syndication agents in Omni Facility Services Inc.
Counsel for prepetition and postpetition bank syndication agents in NationsRent Inc.
Counsel for prepetition and postpetition bank syndication agent in Freedom Forge Corporation
Counsel for leveraged lease investor in Covanta Energy Inc.
Counsel to prepetition agent in Allied Digital Inc.
Counsel for prepetition and postpetition bank syndication co-agent in HVIDE Marine Inc.
Counsel for prepetition, postpetition and exit bank syndication agent in Lamonts Apparels Inc.
Counsel for prepetition syndication agent in Search Capital Corporation

Private

Counsel to hedge fund on settling claims with counterparties and restructuring arrangements with investors with a view to the liquidation of the hedge fund
Counsel to hedge fund on its position in the Puerto Rico insolvency proceedings
Counsel to private placement noteholders on workout of notes issued by a major finance company
Counsel to various noteholders in financially distressed structured investment vehicles
Counsel to major money center bank on syndicated secured loan to a large hedge fund
Counsel to international custodian on custody arrangements for various mutual and hedge funds, including funds of funds, and new product arrangements
Counsel for bank syndication agents syndicate members and holders of derivative obligation in numerous out-of-court debt restructurings
Counsel for domestic and foreign trade receivables securitization conduit
Counsel for issuer in cross-border synthetic securitization
Counsel for energy project lender and investor
Counsel to leading insurer of UCC security interests
Adviser to leading financial institutions on strategic and compliance issues in the areas of equipment leasing, payment systems, trade finance, securities custody arrangements secured transactions and derivatives including counterparty credit risk
Adviser to numerous hedge funds on securities custody arrangements
Adviser to investor on structuring credit to lender against cryptocurrency secured loans made by the lender
Adviser to various lenders and cryptocurrency exchange investors and intermediaries on safety risks of cryptocurrency held at custodians and exchanges

Awards and Affiliations

Senior Statespeople, Banking & Finance, Massachusetts, Chambers USA (2021, 2022)

Senior Statespeople, Bankruptcy/Restructuring, Massachusetts, Chambers USA (2021, 2022)

Ranked, Corporate/M&A & Private Equity, Philadelphia & Surrounds, Chambers USA (2022)

Ranked, Banking & Finance, New York, Chambers USA (2021)

Ranked, Banking & Finance, USA, Chambers Global (2006, 2010–2023)

Band 1, Bankruptcy/Restructuring, Massachusetts, Chambers USA (2018–2020)

Ranked, Banking and Finance and Bankruptcy/Restructuring, Chambers USA (2005, 2007, 2009–2019)

Ranked, USA – Nationwide: Banking & Finance, Chambers USA (2019, 2020)

Star Individual, Banking and Finance, Massachusetts, Chambers USA (2012–2017)

Ranked, Banking & Finance, Chambers 100 USA 2013 Shortlist

Recommended, Finance: Structured finance: derivatives and structured products, The Legal 500 US (2016, 2018, 2019, 2021, 2022)

Ranked, Banking and Finance Law; Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization; Corporate, and Equipment Finance Law, The Best Lawyers in America (1998–2012, 2014–2019, 2022)

Lawyer of the Year, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization, Boston, The Best Lawyers in America (2014, 2020)

Lawyer of the Year, Banking and Finance Law, Boston, The Best Lawyers in America (2013, 2020)

Lawyer of the Year, Corporate Law, Boston, The Best Lawyers in America (2012, 2020)

Lawyer of the Year, Equipment Finance Law, Boston, The Best Lawyers in America (2020)

Lawyer of the Year, Banking and Finance Law, New York, The Best Lawyers in America (2020)

Lawyer of the Year, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, New York, The Best Lawyers in America (2020)

Lawyer of the Year, Corporate Law, New York, The Best Lawyers in America (2020)

Lawyer of the Year, Equipment Finance Law, New York, The Best Lawyers in America (2020)

Recognized, Banking and Finance Law, Boston, The Best Lawyers in America (2023)

Recognized, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Boston, The Best Lawyers in America (2023)

Recognized, Corporate Law, Boston, The Best Lawyers in America (2023)

Recognized, Equipment Finance Law, Boston, The Best Lawyers in America (2023)

Recognized, Banking and Finance Law, New York, The Best Lawyers in America (2023)

Recognized, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, New York, The Best Lawyers in America (2023)

Recognized, Corporate Law, New York, The Best Lawyers in America (2023)

Recognized, Equipment Finance Law, New York, The Best Lawyers in America (2023)

Recognized, Lawdragon 500 Leading Global Bankruptcy & Restructuring Lawyers (2020)

Recognized, Lawdragon 500 Leading US Bankruptcy & Restructuring Lawyers (2020, 2022)

Recognized, BTI Client Service All-Stars (2017)

Recognized, Who’s Who Legal (2016)

Recognized, Who’s Who Legal: The International Who’s Who of Banking Lawyers (2012)

Leading Expert, United States, Expert Guides: Guide to the World’s Leading Banking Lawyers (2009)

Recognized, Massachusetts Super Lawyers (2004–2007)

Recognized, Leading Lawyers in America, Lawdragon 3000 (2006)

Recipient, Homer Kripke Achievement Award by the American College of Commercial Finance Lawyers (2012)

Recipient, Achievement Award jointly given by the Boston Bar Association, the Massachusetts Bar Association and the Uniform Law Foundation (2013)

Recipient, Excellence Award from the Uniform Commercial Code Committee of the Business Law Section of the American Bar Association (2009)

Life Member, Uniform Law Commissioner, Commonwealth of Massachusetts

Chair, Drafting Committee for the 2022 Amendments to the Uniform Commercial Code to address emerging technologies

Chair, Drafting Committee to Amend the Uniform Fraudulent Transfer Act (now the Uniform Voidable Transactions Act)

Chair, Joint Review Committee for the 2010 amendment to Article 9 of the Uniform Commercial Code

Drafting Committees for the 1995 revisions of Article 5 (letters of credit) and the 1999 revisions of Article 9 (secured transactions) of the Uniform Commercial Code

Chair, Drafting Committee for 2002 amendments to Articles 3 (negotiable instruments) and 4 (bank deposits and collections) of the Uniform Commercial Code

Drafting Committee for the Uniform Certificate of Title Act, the Uniform Assignment of Rents Act, the Revised Uniform Liability Company Act, the Uniform Protected Series Act, the Uniform Regulation of Virtual Currency Businesses Act, and the Uniform Supplemental Commercial Law for the Uniform Regulation of Virtual-Currency Businesses Act

Past Chair, Uniform Commercial Code Committee of the Business Law Section of the American Bar Association

Member, Permanent Editorial Board for the Uniform Commercial Code

US Delegate to United Nations Commission on International Trade Law (UNCITRAL) working groups on international receivables financing and secured transactions guide

Life Member, American Law Institute

Board Member and Treasurer, National Bankruptcy Conference

Past President, American College of Commercial Finance Lawyers

Past Board Member, American College of Bankruptcy

International Insolvency Institute

Faculty Lecturer, Secured Transactions, Northeastern University Law School

Teaching Faculty, Morin Center for Banking Law Studies at Boston University Law School; courses include Secured Transactions, Transnational Lending and Trade Finance

Faculty Lecturer, Secured Transactions, Suffolk Law School

Faculty Lecturer, Secured Transactions, Harvard Law School

Member, Boston Bar Association

Member, Massachusetts Bar Association

Member, New York Bar Association

Member, New York City Bar Association, Uniform Laws Committee

Member, Bankruptcy Editorial Advisory Board, Law360 (2017)