Brian Cox’s practice focuses on representing financial institutions which provide corporate trust, custody, loan agency, reporting and administrative services in capital markets transactions, including transactions involving the issuance of CMBS/RMBS, ABS and CDO/CLO securities, project finance transactions and corporate and municipal bond transactions. In addition, over his career, Brian has represented virtually all types of participants in structured finance transactions, including issuers, underwriters, trustees, servicers and master servicers.
Brian regularly counsels corporate trust groups in connection with the issuance of new capital market products and compliance with existing and new regulatory rules and statutes and the resolution of disputed transactions. He has counseled major financial institutions as trustee in connection with bankruptcy- or insolvency-related issues arising out of the bankruptcy or insolvency of various parties in numerous securitization transactions. Recently, he has counseled major financial institutions in their roles as trustee and master servicer in various types of disputes and litigation involving the administration of previously closed securitization transactions and servicing transfer issues. Brian has extensive experience with questions and disputes regarding deal structure and mechanics, including the administration of deals in or nearing default.
- Experience in securitization transactions involving a wide variety of asset types, including residential and commercial mortgages, corporate loans and bonds, asset-backed bonds, credit/tenant leases, triple-net leases, advance receivables, automobile loan receivables, commercial loans secured by foreign properties, SBA loans, mezzanine loans, reverse mortgage loans, home equity lines of credit, total return swaps and other derivatives, and reference pools of mortgage assets synthetically linked to credit-linked notes and total return swaps.
- Represented major financial institutions as the back-up servicer in closing numerous asset-backed securitizations.
- Represented a major financial institution as the trustee in connection with the bankruptcy of a major CMBS master and special servicer.
- Represented a major financial institution as the trustee in connection with more than 20 bankruptcies or insolvencies of residential mortgage originators and servicers.
- Represented a major financial institution as the trustee in connection with insolvencies of monoline bond insurers.
- Regularly advises trustees on SEC regulatory compliance issues, including issues related to Regulation AB and reporting requirements under the Securities Exchange Act of 1934.
- Experience in securitization transactions incorporating REMIC, grantor trust and partnership tax structures, the use of derivatives and insurance, and the use of warehousing arrangements and funding facilities.
- Represented a major financial institution as the trustee and collateral agent in numerous corporate debt transactions and project finance transactions.