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Haynes and Boone

Brian Y Sung

Brian Y Sung



  • Commodities
  • Finance
  • Financial Regulatory
  • FinTech Virtual Currency and Blockchain

WSG Practice Industries


Haynes and Boone
New York, U.S.A.

Brian Sung is a partner in the Finance practice group in the New York office of Haynes and Boone, LLP, and concentrates his practice in the areas of derivatives, commodities, prime brokerage, structured equity/margin lending, cryptocurrency financing and other alternative investments. He represents banks, hedge funds and other financial institutions, borrowers, institutional investors and other corporate entities, as well as cryptocurrency institutional trading entities and funds in connection with a variety of derivatives, structured products, repos, securities lending, margin loan, structured equity financing, commodities and other financing transactions and in providing related regulatory and interpretive advice.

Brian also has experience working on a broad range of finance, M&A, private equity, securities and restructuring transactions.

Bar Admissions

New York, 2001


Dartmouth College (A.B., 1997); Columbia University School of Law (J.D., 2000)
Areas of Practice

Commodities | Finance | Financial Regulatory | FinTech Virtual Currency and Blockchain | Investment Management | Leveraged Financings | Multi-Currency/Cross Border Financings | Prime Brokerage and Equity Lending | Regulatory Compliance

Professional Career

Significant Accomplishments

Representation of investment banks, hedge funds, lenders, borrowers, hedge counterparties, energy companies and other end users in the entry into ISDA Master Agreements and a variety of hedging and swap transactions.
Provision of interpretive advice on terms of new and existing ISDA Master Agreements, derivatives transactions and ISDA definitions, annexes and forms.
Representation of investment banks in standalone and program total return swap and equity- and hedge fund-linked derivatives transactions.
Representation of cryptocurrency institutional trading and financing entities in connection with a variety of physical and synthetic cryptocurrency financing arrangements linked to Bitcoin, Ethereum and other cryptocurrencies and stablecoins, as well as various indices or baskets.
Representation of cryptocurrency financing businesses in connection with the development of trading and secured lending/borrowing platforms to facilitate long and short secondary trading, as well as retail-market products such as interest-bearing cryptocurrency deposit accounts.
Advice on federal and state regulatory issues applicable to the cryptocurrency sector including existing, new and proposed CFTC, SEC, banking and FINCEN rules.
Representation of investment banks, hedge funds, energy companies and other end users in plain-vanilla and structured currency-, rate-, energy- and commodity-linked swaps.
Representation of banks and other market participants in risk transfer arrangements involving exotic or bespoke underliers, including longevity-, mortality- and catastrophe-linked swaps, bonds and other similar arrangements.
Representation of investment banks and hedge funds in bespoke credit default swap transactions in OTC swap form and in credit-linked note form referencing a range of underlying reference obligations.
Representation of investment banks and structured vehicles in connection with the establishment and amendment of derivatives product companies (DPCs) and related derivatives transactions.
Representation of banks on establishment of structured note and repackaging programs, and issuance of notes, trust certificates and certificates of deposit.
Representation of banks, dealers and hedge funds on repo, stock lending and prime brokerage and custody arrangements.
Representation of arrangers, collateral managers, swap counterparties, monoline financial guarantors and institutional investors in the structuring, negotiation, documentation, restructuring and amendment of, and interpretive advice in relation to, cash, hybrid and synthetic collateralized debt obligation (CDO), collateralized loan obligation (CLO) and structured investment vehicle (SIV) transactions.
Advising banks, secured parties and other counterparties as to ramifications of the potential insolvency, rating downgrade or default of counterparties such as banks, hedge counterparties, insurers, custodians, trustees, borrowers and monoline financial guarantors under relevant transaction documents as well as relevant insolvency, banking and insurance regulatory regimes.
Representation of collateral managers and institutional investors in connection with the workout and restructuring of various distressed and defaulted structured products assets and investments.
Representation of monoline financial guarantors, investment banks, reinsurers, structured vehicles and swap counterparties in primary and secondary credit protection arrangements involving the issuance of financial guaranty insurance policies and/or entry into credit default swap transaction referencing a variety of underlying financial assets, and amendments and restructurings of such arrangements.

ARRC Releases Updated LIBOR Fallback Language for USD Syndicated Loans
Haynes and Boone, July 2020

Quick Overview The ARRC released an updated version of its recommended LIBOR fallback language for USD LIBOR syndicated loans on June 30, 2020. Among other updates, the updated fallback language recommends a “Hardwired Approach” to effect LIBOR replacement and removes the previous alternative recommendation for an “Amendment Approach...

Trading Agreements and COVID-19: Addressing Force Majeure, Market Disruptions, and Traders Working Remotely
Haynes and Boone, April 2020

The nearly global response to the spread of the deadly Coronavirus has led to governmental authorities at all levels issuing “stay-at-home orders,” “orders to close non-essential businesses,” and bans on gatherings of 10 people or more. The resulting shut-down, as well as the impact of widespread remote-working practices and displacement of personnel, may disrupt or interrupt trading and hedging activity...

CFTC Provides Final Guidance on Actual Delivery of Digital Assets
Haynes and Boone, April 2020

On March 24, 2020, the Commodity Futures Trading Commission (“CFTC” or the “Commission”) unanimously approved its final interpretive guidance (“Final Guidance”) regarding retail commodity transactions involving certain digital assets...

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