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Lawyer Profile

Image of David H. Kaufman

David H. Kaufman

Morrison & Foerster LLP
  • Recognized Since:
    2008
  • Recognized in:
    Derivatives and Futures Law
  • Website:
    https://www.mofo.com
  • Phone:
    (212) 468.8000
  • Location:
    250 West 55th Street
    New York, NY 10019-9601

David Kaufman concentrates on derivatives and commodities transactions, mergers and acquisitions and private equity financings. He also has extensive experience with reorganization and insolvency matters. Mr. Kaufman works closely with the firm's financial institution clients in the commodity, equity and credit derivative markets, where his activities are concentrated on assisting the firm's clients in designing and structuring new products and evaluating the securities and commodities law issues implicated by the hedging and monetization techniques associated with these products. His work in this area often involves counseling financial institution clients regarding the particular regulatory, tax, accounting or economic objectives of a new product.  In his regulatory work, Mr. Kaufman focuses on the Commodity Exchange Act and the CFTC’s regulations, including the substantial statutory and regulatory changes that have resulted from Title VII of the Dodd-Frank Act.

Mr. Kaufman works closely with various large commodities dealers and trading firms, focusing in particular on transactions involving energy, precious and base metals, currencies and agricultural products. His work in these areas has involved structuring and documenting trading, hedging, financing, supply and offtake, storage, processing and tolling transactions, together with associated margin and other collateral arrangements. He also has represented numerous funds and individuals in negotiating and documenting equity derivative transactions designed to hedge and/or monetize large or illiquid share positions.

A significant aspect of Mr. Kaufman's work in the derivatives and commodities field involves assisting clients in assessing and mitigating the credit and various trading risks that are integral to derivatives and commodities transactions. In addressing risk management issues, Mr. Kaufman has acquired extensive experience in structuring complex collateral and intercreditor arrangements and liquidation and setoff provisions, and in analyzing such arrangement and provisions under the UCC, other applicable lien laws, the federal bankruptcy code and other insolvency regimes.

In his mergers and acquisitions work, Mr. Kaufman represents both strategic and financial market participants, as well as mezzanine lenders, private equity funding sources and key management personnel.  Mr. Kaufman frequently counsels holders of restricted or otherwise illiquid capital stock regarding securities law issues relating to the ownership and transfer of such stock.

Mr. Kaufman has been ranked as one of America's leading capital markets—derivatives and structured products attorneys by Chambers USA and Chambers Global, is recognized as a leading derivatives lawyer by PLC Which lawyer?, is ranked in derivatives and structured products by The Legal 500 US, and is listed in Best Lawyers in America. Mr. Kaufman speaks frequently on topics, including derivatives, securities and structured products issues. Mr. Kaufman previously served as a member of the Energy Committee of the Association of the Bar of the City of New York and of the Committee on Futures Regulation of the Association of the Bar of the City of New York.

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Lawyer Bio

David Kaufman concentrates on derivatives and commodities transactions, mergers and acquisitions and private equity financings. He also has extensive experience with reorganization and insolvency matters. Mr. Kaufman works closely with the firm's financial institution clients in the commodity, equity and credit derivative markets, where his activities are concentrated on assisting the firm's clients in designing and structuring new products and evaluating the securities and commodities law issues implicated by the hedging and monetization techniques associated with these products. His work in this area often involves counseling financial institution clients regarding the particular regulatory, tax, accounting or economic objectives of a new product.  In his regulatory work, Mr. Kaufman focuses on the Commodity Exchange Act and the CFTC’s regulations, including the substantial statutory and regulatory changes that have resulted from Title VII of the Dodd-Frank Act.

Mr. Kaufman works closely with various large commodities dealers and trading firms, focusing in particular on transactions involving energy, precious and base metals, currencies and agricultural products. His work in these areas has involved structuring and documenting trading, hedging, financing, supply and offtake, storage, processing and tolling transactions, together with associated margin and other collateral arrangements. He also has represented numerous funds and individuals in negotiating and documenting equity derivative transactions designed to hedge and/or monetize large or illiquid share positions.

A significant aspect of Mr. Kaufman's work in the derivatives and commodities field involves assisting clients in assessing and mitigating the credit and various trading risks that are integral to derivatives and commodities transactions. In addressing risk management issues, Mr. Kaufman has acquired extensive experience in structuring complex collateral and intercreditor arrangements and liquidation and setoff provisions, and in analyzing such arrangement and provisions under the UCC, other applicable lien laws, the federal bankruptcy code and other insolvency regimes.

In his mergers and acquisitions work, Mr. Kaufman represents both strategic and financial market participants, as well as mezzanine lenders, private equity funding sources and key management personnel.  Mr. Kaufman frequently counsels holders of restricted or otherwise illiquid capital stock regarding securities law issues relating to the ownership and transfer of such stock.

Mr. Kaufman has been ranked as one of America's leading capital markets—derivatives and structured products attorneys by Chambers USA and Chambers Global, is recognized as a leading derivatives lawyer by PLC Which lawyer?, is ranked in derivatives and structured products by The Legal 500 US, and is listed in Best Lawyers in America. Mr. Kaufman speaks frequently on topics, including derivatives, securities and structured products issues. Mr. Kaufman previously served as a member of the Energy Committee of the Association of the Bar of the City of New York and of the Committee on Futures Regulation of the Association of the Bar of the City of New York.

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  • Education
  • Bar Admissions
  • Award List
  • Additional Information

Education:

  • University of Rochester, graduated 1980

Bar Admissions:

  • New York, New York State Bar Association

Recognized in The Best Lawyers in America for work in:

  • Derivatives and Futures Law

Areas of Expertise:

  • Commodities
  • Convertible Bonds
  • Equity Derivatives
  • Futures
  • Over-the-Counter
  • Regulatory
  • Transactions
 

Lawyer Client Comments

Firm Details

Image for Morrison & Foerster LLP View Firm Profile
Morrison & Foerster LLP
https://www.mofo.com
 
Headquarters
250 West 55th Street
New York, NY 10019-9601
(212) 468.8000
17 Office Locations
in 8 Countries

Belgium

Belgium

Brussels, Belgium

Boulevard Louis Schmidt 29

Brussels 1040

Belgium

32 2 347 0400

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China

China

Beijing, China

China Central Place,22nd Floor, Tower Three

No. 77, Jianguo Road

Chaoyang District

Beijing 100025

China

011 86 10 5909 3399

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Shanghai, China

Bund Center, Suite 3501-3502

Yan An East Road No. 222

Shanghai 200002

China

86 21 2322 5200

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Germany

Germany

Berlin, Germany

Potsdamer Platz 1, 13th Floor

Berlin 10785

Germany

49 30 72622 10

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Hong Kong

Hong Kong

Hong Kong, Hong Kong

Edinburgh Tower, 33/F

The Landmark

15 Queen's Road Central

Hong Kong

Hong Kong

852 2585 0888

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Japan

Japan

Tokyo, Japan

Shin-Marunouchi Building, 29th Floor

5-1, Marunouchi 1-chome

Chiyoda-ku

Tokyo 100-6529

Japan

81 3 3214 6522

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Singapore

Singapore

Singapore, Singapore

50 Collyer Quay

#12-01 OUE Bayfront

Singapore 049321

Singapore

65 6922 2000

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United Kingdom

United Kingdom

London, United Kingdom

CityPoint

One Ropemaker Street

London EC2Y 9AW

United Kingdom

44 20 7920 4000

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United States

United States

California

California

Los Angeles, CA

707 Wilshire Boulevard

Los Angeles, CA 90017-3543

United States

(213) 892.5200

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Palo Alto, CA

755 Page Mill Road

Palo Alto, CA 94304-1018

United States

(650) 813.5600

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San Diego, CA

12531 High Bluff Drive, Suite 100

San Diego, CA 92130-2040

United States

(858) 720.5100

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San Francisco, CA

425 Market Street

San Francisco, CA 94105-2482

United States

(415) 268.7000

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Colorado

Colorado

Denver, CO

Republic Plaza, Suite 4200

370 Seventeenth Street

Denver, CO 80202-5638

United States

(303) 592.1500

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District of Columbia

District of Columbia

Washington, DC

2000 Pennsylvania Avenue, NW, Suite 6000

Washington, DC 20006-1888

United States

(202) 887.1500

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Massachusetts

Massachusetts

Boston, MA

John Hancock Tower, Floor 20

200 Clarendon Street

Boston, MA 02116

United States

(617) 648.4700

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Virginia

Virginia

McLean, VA

1650 Tysons Boulevard, Suite 400

McLean, VA 22102-4220

United States

(703) 760.7700

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