Practice Description:
Financial Services, Hedge Funds and Capital Markets:

Wayne H. Davis represents domestic and offshore hedge funds in all aspects of their business, with particular emphasis on financing arrangements and fund-linked structured products, including with respect to the issuance of both debt- and equity-like securities. Wayne regularly advises U.S. and non-U.S. based fund clients with respect to matters relating to the Investment Advisers Act of 1940, the Investment Company Act of 1940 and the Commodity Exchange Act as well as SEC, NASD, NFA, CFTC and Blue Sky compliance issues, and has significant experience representing fund and bank clients in connection with high yield and distressed debt investment opportunities and the negotiation, documentation and execution of distressed debt trades.

Applying his experience and expertise in the areas of bankruptcy and creditors’ rights, Wayne has represented numerous investment funds and financial institutions in connection with counter-party defaults and liquidations, including in the context of the various Lehman Brothers-related insolvency proceedings in both the U.S. and the U.K.

Creditors Rights and Business Reorganizations:

Wayne has significant experience in both the corporate and litigation aspects of creditors' rights and corporate reorganizations. In the creditors' rights area, Wayne has represented investment funds and financial institutions as secured and unsecured creditors, domestic and foreign institutional and corporate lenders in loan transactions, loan workouts and corporate restructurings, and institutional, corporate and partnership clients in mergers, acquisitions and securitization transactions.  Wayne's bankruptcy practice includes the representation of institutional, partnership and individual creditors and acquirers and sellers of distressed businesses, assets and securities.  In addition to his regular representation of financial institutions in commercial bankruptcy and restructuring matters, Wayne has extensive experience in both real estate bankruptcies, having represented commercial real estate developers, landlords, tenants, and secured and unsecured creditors, and staffing industry bankruptcies and bankruptcy/insolvency-related matters.  

Presentations:
IMN Hedge Fund Investors Summit, Speaker, 2003
FRA Structured Hedge Funds Products Program, Speaker, 2003
INCUSA Hedge Fund Regulatory and Compliance Program, Speaker, 2004