David Lucking
Partner
New York
David Lucking
Partner
New York
Contact details
David is the Head of our Global International Capital Markets group and is based in New York. 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 co-founder of A&Out, our international LGBTQ+ affinity group, 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 all colleagues feel welcome and valued.
David is widely recognized as a leading derivatives lawyer, having been recognized in Chambers USA 2023. A client shared that "David is smart, responsive, commercially-minded and a pleasure to deal with." Another client enthused "he is a great advisor with excellent knowledge of the subject matter and is able to cover all areas of a transaction."
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
Related articles
News: 21 February 2024
John Goldfinch joins Allen & Overy to enhance structured finance and private capital offering
Allen & Overy today announces it is bolstering the global structured finance practice as partner John Goldfinch joins ahead of merger with Shearman & Sterling, to become A&O Shearman.
News: 06 February 2024
A&O maintains top rankings in global capital markets league tables
Publications: 07 August 2023
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
Recommended content
Recognition
David is fantastic. He is bright and responsive, and understands the commercial realities that his clients face.
Chambers USA 2022: Derivatives
David is incredibly responsive to new matters, incoming requests and projects; he partners well with my team to drive complex, multidimensional matters to completion.
Chambers USA 2022: Derivatives
Awards & accolades
Ranked Band 2
Chambers USA 2022: Derivatives
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
