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Allen & Overy LLP
1221 Avenue of the Americas
New York
NY 10020
United States

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  David Lucking

Partner

New York

David is Head of Allen & Overy’s U.S. based International Capital Markets group. He has particular expertise in derivatives and structured finance transactions, as well as the regulatory framework that underpins the derivatives market. David advises financial institutions on a wide range of derivatives products and asset classes (including credit, rates, FX, longevity) in both funded and unfunded form. He has drafted a number of market standard document templates for the International Swaps and Derivatives Association, Inc. (ISDA) and other derivatives industry bodies, including the 2014 ISDA Credit Derivatives Definitions and documentation for confirming trades referencing the iTraxx and CDX indices. David is the U.S. adviser to the Credit Derivatives Determinations Committee which determines Credit Events and other matters for the credit derivatives market as a whole. David has advised on various aspects of the transition of the over-the-counter derivatives market to regulated trading platforms and central clearing houses, as well the registration of a number of swap dealers under the Dodd-Frank Act.

David is a frequent speaker on the topic of OTC derivatives and derivatives regulation.

David was ranked in Band 2 by Chambers USA, 2018. Chambers says “David Lucking has a 'deep knowledge of the regulatory structure underlying derivatives and the market practice surrounding them.'” and “the 'extremely bright and responsive' David Lucking is highly valued as a business partner in addition to his skill as a legal adviser”.

Professional qualifications

Admitted: Solicitor of England and Wales, 2002

Admitted: Bar of the State of New York, 2007

Academic qualifications

LL.B., King's College, London, 1999

Maitrise, Pantheon-Sorbonne, Paris, 1999

Published work

"A confused industry," International Financial Law Review (May 2011), with Vinod Aravind.

"To Conform or Not to Conform": The Federal Reserve releases guidance on obligations of banking entities under the Volcker Rule during the conformance period, 04/26/2012

FGIC - A Tree Falling in the Woods or the First Domino?, 06/14/2012

The "Intergalactic Commerce Clause"?: The CFTC's Proposed Cross Border Guidance Reaches Far and Wide, 07/03/2012

Commodity Pool Issues Raised by The Dodd-Frank Act, 10/02/2012

FX Swaps and Forwards – Time limited no-action relief, 10/15/2012

ECP Status w/r/t Guarantee Arrangements, "Anticipatory ECPs" and Amounts Invested on a Discretionary Basis, 10/15/2012

CFTC Final Rules Updates, 10/18/2012

Internal Business Conduct Rule Recordkeeping Requirements—Time-Limited No-Action Relief: CFTC No-Action Letter 12-29, 11/05/2012

Argentina Ordered to Tango With Holdouts: U.S. Court of Appeals holds Argentina breaches pari passu, 11/13/2012

"Creeping Subsidiarization": The upcoming Federal Reserve proposal on regulation of foreign banking organizations, 11/30/2012

Funds of Funds Get Some Temporary CPO Relief, 12/03/2012

CFTC No-Action Relief from certain Swap Dealer registration requirements, 12/21/2012

SEC Adopts Rules Intended to Encourage Capital Formation, 07/16/2013

ISDA 2013 EMIR Portfolio Reconciliation Dispute Resolution and Disclosure Protocol, 07/22/2013

SEC Adopts Rules Intended to Encourage Capital Formation, 07/29/2013

U.S. Regulators Adopt CPO Harmonization Rules, Remind Funds of Derivatives Disclosure Obligations, 09/09/2013

Federal Agencies Adopt Final Volcker Rule and Extend Conformance Period, 12/13/2013

U.S. Volcker Rule – Covered Funds: FAQs for European structured finance transactions, 12/18/2013

CFTC Issues Substituted Compliance Determinations for Six Jurisdictions, 12/20/2013

Non-U.S. Banks Under the Volcker Rule, 12/23/2013

Asset Managers - The Volcker Rule’s Relevance, 02/10/2014

Likely Structural Reform of U.S. Operations of Non-U.S. Banks, 02/18/2014

Need Volcker Rule relief?, 09/03/2014

Take Two: CFTC revisits cost benefit analysis of cross border aspects of Dodd Frank swaps rules, 03/18/2015

EMIR margin requirements for non-centrally cleared derivatives: EU edges closer to final rules with second consultation on draft RTS, 06/24/2015

Puerto Rico: "Always the Hurricanes Blowing… And the Money Owing…", 07/01/2015

Harmony or Cacophony: The CFTC's Proposal on the Cross-Border Approach to Margin Requirements for Uncleared Swaps, 07/07/2015

ASX Cleared for Landing in the U.S., 08/21/2015

SEC Adopts Rules And Forms Establishing A Registration Process For Security-Based Swap Entities; Compliance Date Still Some Time Off, 08/27/2015

"LOSS" IN TRANSLATION: U.S. Bankruptcy Court issues ruling on key provision of the 1992 ISDA Master Agreement, 11/13/2015

Benchmark regulation shifts up a gear, 03/08/2016

Summary of Key Changes in the CFTC Final Rule on Cross Border Application of Margin Requirements for Non-Cleared Swaps, 05/25/2016

Lehman Flip Clause Decision Rejects “Singular Event” Analysis, 06/28/2016

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