Jonathan’s practice focuses on a broad range of insolvency, derivatives, digital asset, and market infrastructure issues.
Expertise
Experience
Representative matters
A major cryptocurrency exchange and custodian in relation to various insolvency matters, including preparation of memoranda for foreign regulators on legal models for the custody of cryptocurrencies in the United States and the treatment of custodial assets in the event of U.S. bankruptcy proceedings.
A major financial institution in relation to its prospective cryptocurrency custodial offering, including structuring matters and preparation of customer documentation.
Lenders in relation to issues around taking and perfecting security over Bitcoin in the United States.
Drafting annual netting opinions for ICMA and ISLA on the GMRA and GMSLA, covering a broad swathe of U.S. counterparty types.
On the enforceability of close-out netting and related issues in connection with non-standard transaction structures and counterparty types.
On bankruptcy remoteness issues in relation to the insolvency of parties in derivatives and securities clearing chains, including customers, futures commission merchants, broker-dealers, derivatives clearing organizations, and clearing agencies.
European financial institutions on enforceability, bankruptcy, and resolution issues affecting their relationships with U.S. central securities depositories.
Acting as U.S. counsel in U.S. Chapter 15 bankruptcy filings for: Greensill Capital (UK) Limited; Virgin Atlantic Airways Limited; Cline Mining Corporation; Oilsand Quest Inc.; and Nortel Networks Corporation.
Published Work
- “What next after the collapse and stabilisation of Silicon Valley Bank?”, Allen & Overy update, March 15, 2023
- "Crypto-tunities: Transaction strategies in the challenging crypto markets", Allen & Overy update, July 13, 2022
- "Oh no, where's my crypto? What happens to crypto assets when a custodian fails", Allen & Overy update, June 23, 2022
Speaking Engagements
- Guest Participant, Recognition Roundtable, Financial Stability Board, December 2023
Leadership Positions And Professional Affiliations
- Admitted: Bar of the State of New York, 2010
- United States District Court for the Southern District of New York, 2010
- United States District Court for the Eastern District of New York, 2010
- United States Court of Appeals for the Second Circuit, 2023
Qualifications
Admissions
Academic
J.D., Columbia Law School, 2009
B.A., Brown University, 2006