Consulting Services

As with any complex endeavor, proper planning and design are essential to achieve one's goals in an efficient and effective manner.  Mr. Lovely has nearly 30 years of experience with derivatives, structured products, bank, broker and FCM documentation, secured lending and other financial transactions.  He has been instrumental in helping clients and their counsel focus on what matters and structure transactions thoughtfully.

Since the Global Financial Crisis, governments have responded with a tsunami of new laws and a plethora of new and often confusing regulations concerning financial products. Mr. Lovely has deep experience as a senior financial products executive and lawyer, and his considerable knowledge of the history of financial products regulation gives him invaluable perspective when evaluating new and existing regulations. Clients utilize his services to triage new regulations and develop compliance programs, manuals and reporting in coordination with in-house staff or counsel.

The economic terms and legal formalities surrounding derivatives and other financial transactions are usually complex.  Too often, parties gloss over (or fail to appreciate) the proper mechanics and important details of financial product documentation.  Mr. Lovely has decades of experience with ISDA, SIFMA, NAESB, EEI and other derivative and financial product documentation.  He knows industry standards, customs and practices that are invaluable to understanding and negotiating proper transaction documentation.  He provides recurring documentation services to clients utilizing standardized templates and helps to tailor existing documents to new circumstances, regulations and counterparty comments.

The financial industry is developing and implementing plans for transition from the use of LIBOR rates to the use of alternative reference rates (e.g., SOFR, SONIA and Ameribor). This transition is arguably the most significant industry event in a generation. It will impact derivatives, loans, securities and other contracts and commercial agreements that reference a LIBOR rate. Mr. Lovely has worked for years to educate clients about LIBOR transition and assist them in evaluating the impact of, and proposed solutions concerning, LIBOR transition. In particular, the migration of existing (so-called "legacy") products referencing LIBOR rates gives rise to a host of financial, economic, accounting and regulatory considerations.

During periods of financial or economic distress, it is important to closely monitor financial and other counterparties to make sure that one's rights and remedies are being properly identified, preserved and asserted. Mr. Lovely has experience working with business and legal professionals to prepare his clients for potentially adverse outcomes and to enable clients to skillfully exercise available rights and remedies to maximize recoveries or minimize losses on derivatives, secured loans and other financial transactions.

Coming from a family of educators and with a strong academic pedigree, Mr. Lovely has always had a passion for education and learning.  He is able to simplify, clarify and explain financial products and regulation, and he has written extensively and made numerous public presentations on those topics to market participants, executives and government officials.  He is passionate about delivering education and compliance oriented seminars, presentations, and programs for clients and their employees.

Sample Education Topics

• LIBOR/SOFR/Ameribor Transition or Adoption
• ISDA Documentation and Protocols
• NAESB Documentation
• Eligible Contract Participant - Screening and Evaluation
• Mandatory Swap Reporting
• Mandatory Swap Clearing and Execution
• CFTC and U.S. Commodity Exchanges - Position Limits
• Market Manipulation and Disruptive Trading in Commodity Markets
• CEA Swap Dealer and Major Swap Participant Status
• Swap/Counterparty Default and Enforcement of Rights
• US Uncleared Swap Margin Regulations
• Swap/Risk Participation Agreements
• Swaps and Syndicated Loan Documentation