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David Lucking

Partner

New York

Lucking David
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.

As Global Co-Head of A&Out, our international LGBTQ+ allies program, David is a vocal advocate for the LGBTQ+ community at A&O. He regularly leads initiatives to encourage workplace diversity, and helps foster a culture where LGBTQ+ colleagues feel welcome and valued.

David is regularly ranked in legal directories. In Chambers USA 2020, it is noted that he “elicits widespread praise for his credit derivatives practice and is considered to be a key reference for matters involving ISDA.” One client comments on his "breadth of knowledge" and finds him "helpful on regulatory questions."

News & insights

Allen & Overy’s Fintech group returns as contributing editor to the second edition of Global Legal Insights Guide to: Fintech 2020

Publications: 27 AUGUST 2020

Allen & Overy’s Fintech group returns as contributing editor to the second edition of Global Legal Insights Guide to: Fintech 2020

For the second consecutive year, Allen & Overy is featured as Contributing Editor of the second edition of Global Legal Insights GLI Guide to: Fintech 2020. As part of our role as Contributing Editor,…

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Publications: 17 AUGUST 2020

What UK insolvency law changes mean for U.S. finance companies

Recent amendments to the UK insolvency regime to enhance restructuring options have introduced stay and moratorium powers similar to those available under the U.S. Bankruptcy Code. The amendments also…

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Publications: 16 JULY 2020

Seismic Changes to UK Insolvency Law – Key Issues for US Financial Counterparties

On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (the UK Act) came into force and made the most significant changes to UK insolvency law for over a decade. This article discusses the…

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Publications: 20 MARCH 2020

Covid–19 coronavirus: what should banks and other financial institutions focus on?

The Covid-19  pandemic presents an unprecedented challenge and will affect all walks of life.  The quantum of the impact is hard to determine at this stage although based on preliminary assessment and…

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Office

New York

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

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Qualifications

Professional

Admitted: Solicitor of England and Wales, 2002

Admitted: Bar of the State of New York, 2007

Academic

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