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Reed D. Auerbach

合伙人

reed.auerbach@morganlewis.com

New York 电话 +1.212.309.6200 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Reed Auerbach is the global leader of the structured transaction practice at Morgan Lewis. Recognized in the 2021 edition of Chambers USA as a leading structured finance lawyer, an industry participant noted “Reed Auerbach is really the best in class; he is extremely responsive and he is unbelievably knowledgeable.” Reed represents a broad range of Fortune 100 companies, financial institutions, investment funds, and issuers in the development of innovative structured finance strategies and advises on the acquisition and disposition of financial assets and origination and servicing platforms.

Reed advises underwriters and issuers in connection with both domestic and cross-border public and private offerings of asset-backed and mortgage-backed securities involving a wide variety of assets, collateralized loan obligations and related interim warehouse financings, asset-backed commercial paper conduits, whole loan purchases, repurchase agreements, derivative transactions, and residual financings.

Reed’s securitization experience includes student loans; prime and nonprime auto loans; auto leases; equipment; leases; servicing rights; unsecured consumer and commercial loans, including such loans originated on marketplace lending platforms; commercial real estate loans; middle-market loans; home equity loans; royalty streams and other intellectual property rights; dealer floor plan receivables; telecommunication receivables; litigation settlement fees; Australian mortgage loans; manufactured housing contracts; recreational vehicle loans; recreational boat loans; commercial tugboat and barge loans; reverse mortgages; credit card receivables; and insurance premium finance agreements.

Reed is on the editorial board of The Journal of Structured Finance and he co-authored the industry’s primary treatise, Offerings of Asset-Backed Securities, Wolters Kluwer Publishers.

selected representations

  • Counsel to the issuer in connection with the first term US securitization of device payment plans and the first publicly registered issuance of notes backed by device payment plan receivables
  • Counsel to the issuer in connection with the first ABS “green bond”
  • Counsel to the swap counterparty in connection with a synthetic auto loan securitization
  • Counsel to the issuer in connection with first issuance of asset-backed reset rate notes
  • Worked with a student loan provider to draft what ultimately became the DOE’s program to restore liquidity to the student loan market
  • Counsel to a financial services firm in connection with the acquisition of a bank from the FDIC
  • Counsel to several hedge funds in connection with the acquisition of distressed mortgage loans and RMBS
  • Counsel to a private equity firm in connection with the acquisition financing of a healthcare equipment company
  • Counsel to a private equity firm in connection with the acquisition of a distressed credit card company
  • Counsel to an investment bank in connection with the restructuring of auction rate securities
  • Counsel to a financial services firm in connection with the development and facilitation of alternative financing options that resulted in a multibillion-dollar secured loan transaction
  • Counsel to a financial services firm in connection with a groundbreaking 20-year, multibillion-dollar committed securities-based financing facility structured as a total return swap
  • Counsel to financial services company in connection with the sale of its consumer loan business
  • Counsel to a student loan provider in a multibillion-dollar total return swap to finance private credit student loan ABS
  • Counsel to a financial services firm in connection with the multibillion-dollar sale of its home lending business to a private equity firm

奖项与社会关系

Hall of Fame, Finance: Structured finance: securitization, The Legal 500 US (2021)

Leading Lawyer, Finance: Structured finance: securitization, The Legal 500 US (2013–2020)

Recommended, Industry focus: Transport: rail and road - finance, The Legal 500 US (2021)

Highly Regarded, IFLR1000 Financial and Corporate (2007–2021)

Highly Regarded, IFLR1000 United States (2018–2020)

Band 1, Capital Markets: Securitization, Nationwide, Chambers USA (2014–2021)

Ranked, Capital Markets: Securitization, Nationwide, Chambers USA (2003–2013)

Band 1, Capital Markets: Securitization, USA, Chambers Global (2018–2022)

Ranked, Capital Markets: Securitization, USA, Chambers Global (2001–2017)

Recognized, Securitization and Structured Finance Law, New York, The Best Lawyers in America (2007–2022)

Lawyer of the Year, New York City Securitization and Structured Finance, The Best Lawyers in America (2014)

Recognized, Securities & Corporate Finance, New York Metro Super Lawyers (2012, 2013)

Harlan Fiske Stone Scholar, Columbia University School of Law

Editor, Journal of Transnational Law, Columbia University School of Law

Certificate with honors from the Parker School of International and Comparative Law

执业资格

  • New York

教育背景

  • Columbia University School of Law, 1985, Juris Doctor
  • Columbia University School of International and Public Affairs, 1982, Master of Arts
  • Franklin and Marshall College, 1980, Bachelor of Arts, magna cum laude

行业部门

  • Financial Services
  • Transportation
  • Automotive & Mobility
  • Fintech
  • Banking

执业领域

  • Structured Transactions

Events

6/14/2022 - AFME/IMN Global ABS 2022
12/1/2020 - ABS East Virtual 2020
6/16/2020 - TALF 2020 - What Investors, Issuers, and Underwriters Need to Know
2/23/2020 - SFVegas 2020
11/4/2019 - SFA Residential Mortgage Finance Symposium
9/22/2019 - 25th Annual ABS East Conference
2/24/2019 - SFIG Vegas 2019
11/14/2018 - Automotive Finance: From Lending to Structured Finance
2/14/2018 - ABS-Specific Aspects of Public and Private Offerings
9/17/2017 - ABS East 2017
2/26/2017 - SFIG Vegas 2017
9/18/2016 - ABS East 2016
2/28/2016 - ABS Vegas 2016
9/16/2015 - ABS East 2015

News

7/24/2020 - OCC True Lender Clarification to Establish Legal Certainty for Online Lenders, Global Capital
6/19/2020 - Esoteric ABS Law Firm of the Year – Morgan Lewis, GlobalCapital
5/9/2019 - GlobalCapital Recognizes Morgan Lewis with US Securitization Awards
2/5/2019 - Morgan Lewis Partners Release New Edition of Asset-Backed Securities Guide with Wolters Kluwer
2/23/2018 - Morgan Lewis Lawyers to Speak at Structured Finance Industry Group 2018 Conference
2/22/2017 - Morgan Lewis Lawyers to Speak at Structured Finance Industry Group 2017 Conference
5/21/2015 - The Structured Transactions Group: 7,000 Deals and Counting

Publications

Winter 2022 - True Lender Issues: One Step Forward, Two Steps Back?, The Journal of Structured Finance
7/1/2021 - True Lender Rule Invalidated
3/30/2021 - Members of Congress Introduce Joint CRA Resolution to Overturn the OCC’s True Lender Rule
10/28/2020 - OCC Issues Final ‘True Lender’ Rule
June 10, 2020 (Updated September 3, 2020) - Updated Guide to the 2020 Term Asset-Backed Securities Loan Facility (TALF) Program
7/23/2020 - OCC Issues Proposed ‘True Lender’ Rule
3/23/2020 - New TALF Program Announced to Support Small Business, Consumer Lending, ABS Markets
2/15/2019 - Bridging the Pond: Resolving Conflicts Between US and EU Risk Retention Rules, Asset Securitization Report
January 2019 - Offerings of Asset-Backed Securities (Fourth Edition), Wolters Kluwer
6/27/2016 - Supreme Court Denies Certiorari Petition in Madden Case
5/25/2016 - Update: Midland Funding v. Madden
4/21/2015 - Eighth Annual Advanced Topics in Hedge Fund Practices, Part 13: Structured Products: CLOs, REMICs, REPACs and Whole Loans
9/10/2014 - A Guide to Regulation AB II