Matthew K. Kerfoot

Matthew Kerfoot Dechert private funds lawyer New York

Matthew K. Kerfoot

Partner

New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
+1 212 641 5694 | +1 212 698 3599

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Recognized by Chambers as an “outstanding” corporate lawyer, Matthew K. Kerfoot is a partner in Dechert’s Financial Services Group where he counsels clients on a wide array of complex financial transactions, including fund financings, synthetic financings and structured derivatives transactions. He also focuses his practice on the structuring and offering of leveraged and other alternative investment funds.

Chambers adds that Mr. Kerfoot is “endlessly creative and thoughtful on all sorts of complex issues.” Legal 500 lauded Mr. Kerfoot as “a dynamic talent” and noted how he “takes an issue and comes up with an innovative set of solutions.” Mr. Kerfoot has also again been recognized as a New York Super Lawyer in Securities and Corporate Finance for 2018. 

Mr. Kerfoot is a faculty member of the Practicing Law Institute and is often cited as an authority on finance and derivatives matters in the Financial Times, Wall Street Journal, Reuters, Bloomberg and various other publications. Mr. Kerfoot has written numerous articles on fund finance, leverage and derivatives and is a contributing author to Fund Finance, Second Edition, published by Global Legal Group, and The Volcker Rule, published by Thomson Reuters.

Prior to joining Dechert, Mr. Kerfoot was a senior banker at a leading global financial institution, where he structured complex balance sheet and synthetic financings for clients throughout Europe and the Americas.

Education
  • Rutgers, The State University of New Jersey, 1994, summa cum laude
  • New York University School of Law, J.D., 1999, Articles Editor of the Annual Survey of American Law (1998-1999)
Admissions
  • New York
Speaking Engagements
  • Advanced Swaps & Other Derivatives 2018 — Presented by the Practising Law Institute, New York, NY (October 24, 2018)

Matthew Kerfoot speaks at  the program on a panel titled “Principal Issues for Consideration and Negotiation in Derivatives Documentation – Cleared and Uncleared.” Topics will include: swaps generally; commodity swaps, equity swaps and CDS; and legal and contractual considerations.

  • Advanced Swaps & Other Derivatives 2017 — Presented by the Practising Law Institute, New York, NY (October 24, 2017)

Matthew Kerfoot speaks on two panels during this program. On the panel titled “Principal Issues for Consideration and Negotiation in Derivatives Documentation –Cleared and Uncleared,” Mr. Kerfoot discusses synthetic financings through total return swaps and the use of swaps in fund finance, as well as related legal and contractual considerations. Mr. Kerfoot also speaks on the panel titled “Regulation of Other Swap Market Participants: Funds, CPOs/CTAs,” which examines relevant cross-border regulatory issues and other concerns facing hedge fund advisors and other CTAs.

For more information, visit the conference website

  • Advanced Swaps & Other Derivatives 2015 — Presented by the Practising Law Institute, New York (October 21, 2015)

Matthew Kerfoot participates in a panel titled "Regulation of Other Swap Market Participants." 

  • Fund Finance: Terms and Structures — Presented by the Practising Law Institute, New York, NY (October 3, 2018) 
  • Forum 2015 — Presented by the Managed Funds Association, Chicago (June 24, 2015)

Matthew Kerfoot participates in a Roundtable Discussion titled “The Art & Science of Liquid Alternatives: An Examination of Costs and Structures.”

For more information, visit the forum website

  • Liquid Alts: The Next Conversation — Presented by Pershing Prime Services, New York, NY (December 3, 2014)
  • Mainstreaming Alternatives – The Growth of the 1940 Act Space — Fall 2014 ETP Trading & Investing Forum, New York, NY (November 19, 2014)

Matthew Kerfoot moderates a panel examining ETP, CEF and Mutual Fund strategies that investors are employing to gain access to alternative asset classes including commodities, currency, real estate, long-short and hedge funds. The panel discusses key issues, benchmark conventions, open architecture, levels of transparency, and the new investor base according to leaders in the field.

  • Regulation of Swap Market Participants — Practising Law Institute's Advanced Swaps & Other Derivatives 2014, New York, NY (October 17, 2014)

Matthew Kerfoot discusses a number of issues regarding swap market regulations. Topics of discussion include:Aspects of bank regulation; The role of the NFA; Swap dealer regulation implementation; Implementation of substituted compliance; Swap dealer and intermediary compliance and examinations, coordination and approach; and Fund issues.

  • Using Derivatives & Leverage in '40 Act Funds — Liquid Alternatives Strategies East, New York, NY (October 6, 2014)
  • MFA Funds of Funds Forum — Managed Funds Association, New York, NY (June 3, 2014)

Matthew Kerfoot participates in a business development and product discussion focusing on ‘40 Act funds and other liquid alternative platforms, managed accounts, UCITs, and products that are regulatory capital efficient under Basel III / Solvency II.. 

  • The Alternative Mutual Fund Revolution: Insights from the Market Leaders — Managed Funds Association's Network 2014, Miami, FL (January 27, 2014)
  • HedgeWorld West — Presented by Reuters HedgeWorld, Half Moon Bay, CA (October 7, 2013)
  • Riding the Wave of Convergence — Presented by Pershing Prime Services, New York, NY (September 23, 2013)

Matthew Kerfoot participates in a panel that covers topics including: The movement towards convergence — why this is more than a trend; What managers should consider when considering launching a new strategy; Best practices and common challenges; and What's next?

  • Regulation of Derivatives and Revisiting Dodd-Frank — PLI's Securities Products of Insurance Companies in the Course of Regulatory Reform 2013, New York, NY (January 23, 2013)

Matthew Kerfoot participates on a panel, “Regulation of Derivatives and Revisiting Dodd-Frank.” Topics for this panel include: Federal Insurance Office; Market infrastructure for swaps; Stable value contracts; CFTC regulation of funds and harmonization; and Scrutiny of repos and securities lending.

  • Washington Regulatory Review — American Council of Life Insurers Annual Conference, Washington, D.C. (October 21, 2012)

Matthew Kerfoot hosts a concurrent session titled, “Washington Regulatory Review.” Even though it’s an election year, many regulatory developments continue to march forward that could impact insurers and insurance complexes.This panel discusses the implications for life insurers of: developments at the SEC; swaps reform; the CFTC’s expansion of its jurisdiction; and preparing for the Financial Stability Oversight Council’s designation of systemically important financial institutions.

  • Regulatory/Dodd Frank/NAIC Update — American Council of Life Insurers Senior Investment Managers Seminar, Ft. Lauderdale, FL (November 6, 2011)
  • US Investment Advisors Registration, Dodd-Frank and Volcker Rule — BVI Bundesverband Investment and Asset Management e.V. Program, Frankfurt (October 6, 2011)
  • Dodd Frank Act & What it Means to the Life Insurance Industry — ACLI Compliance & Legal Sections Annual Meeting, San Antonio, TX (July 11, 2011)
  • Shareholder Opportunism in a World of Risky Debt — Inaugural Fordham Law Global Finance Symposium: The New World of Derivative Regulation, London (June 10, 2011)
  • Reshaping the Regulatory Landscape: Issues for the Fund Industry — Investment Company Institute Securities Law Developments Conference, Washington, DC (December 14, 2010)