John Servidio

John Servidio is a partner in Goodwin’s Capital Markets and Digital Currency & Blockchain Technology practices. He advises clients on the origination, sales, and trading of financial instruments including securities, rates, currencies, commodities, and digital assets. In the capital markets space, John assists dealers and issuers with structuring equity and equity-linked offerings, hedging and monetization transactions, securities repurchase programs, and corporate derivatives. In the digital asset space, he helps clients build and invest in protocols for staking, financing, lending, and trading virtual currencies.

John’s previous industry experience includes serving as assistant general counsel at a global investment bank and as an attorney at another well-known investment banking firm. Before law school, John was an analyst in the real estate group at a large commercial bank. He is a frequent author and speaker on swaps, derivatives, cryptocurrencies, and blockchain technology.

John’s recent deal experience includes:

• Representation of issuer and investment bank clients on equity-linked capital-raising transactions, including convertible bond offerings, bond hedge and warrant/capped call overlays, issuer stock borrow/ prepaid forward arrangements, at-the-market (ATM) offerings and forward stock offerings with fixed price or ATM executions.
• Representation of issuer and investment bank clients on accelerated share repurchase transactions, common stock buy-back programs and convertible note repurchase strategies.
• Representation of corporate and investment bank clients on hedging and monetization strategies; derivative share acquisition and disposition transactions and other structured equity solutions.
• Representation of development teams and venture capital firms on investments in DEXs, Dapps and DeFi protocols, including SAFEs, Series A, token purchase agreements and other early-stage financings.
• Negotiating prime brokerage, securities and financing documentation such as listed and cleared execution, custodial/tri-party, Master Repurchase, Global Master Repurchase, Master Securities Loan and Master Securities Forward Transaction Agreements.
• Negotiating derivatives documentation such as ISDA Master Agreements, Credit Support Annexes, collateral agreements, and master confirmations.

John’s recent regulatory experience includes:

• Advising clients on the Commodity Exchange Act; CFTC, CME and ICE regulations; CFTC and NFA registrations and examinations, CFTC enforcement matters; as well as considerations for the sales, trading and financing of Bitcoin, Ether and other virtual currencies.
• Advising clients on Securities Act, Securities Exchange Act, SEC, FINRA, NYSE and Nasdaq issues raised by equity derivative transactions; as well as investments in security tokens, distributed ledger infrastructure and digital asset trading platforms.
• Advising clients on Dodd-Frank Act rules including Title VII swap and security-based swap rule implementation, as well as compliance with ISDA protocols and CFTC swap documentation, reporting, clearing, margin and collateral segregation requirements.
• Advising clients on banking agency regulations regarding swaps and other derivatives, including on the replacement of LIBOR with the SOFR or other alternative reference rates.

John was ranked Band 2 for his work in Capital Markets: Convertible Debt by Chambers Global. He was a recommended lawyer for Capital markets: debt offerings by The Legal 500 in 2021-2023. Chambers USA 2021-2023 recognized John for his work in both Derivatives and Capital Markets: Convertible Debt.

• Co-author, “Negotiating Over-the-Counter Derivatives for Corporate Counterparties,”  Thomson Reuters Practical Law, November 2023
• Co-author, “Defi Derivative Traders Beware: Potential Liability of DAO Members under Partnership Theory,” Futures and Derivatives Law Report, August 2023
• Co-author, “Get Ready for the ISDA 2018 US Resolution Stay Protocol,” Wall Street Lawyer, October 2018
• Co-author, “Blockchain Buzzkill: A Closer Look at Distributed Ledger Technology,” Risk & Compliance, April - June 2017
• Co-author, “High Frequency Trading: The Path Forward For Market Liquidity And Stability,” Risk & Compliance, January - March 2017
• Co-author, “Blockchain Risk Factors in Securities Offerings and Filings,” Information Law Journal, Winter 2017
• Co-author, “Blockchain for Financial Services Lawyers: What It Is, Why It Matters, and Possible Regulatory Responses,” Lexis Practice Advisor, July 18, 2016
• Co-author, “Margin Rules for Uncleared Swaps and Understanding Impact on Documentation,” Lexis Practice Advisor, July 14, 2016
• Co-author, “Better Later Than in Error: Harmonizing Global Swap Data Reporting Timeframes,” Futures and Derivatives Law Report, July 2015

Speaking Engagements

• Speaker, “Structured OTC Derivative Transactions - Key Negotiation Points,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2023 Conference, October 2023
• Moderator, “The DeFi Infrastructures Taking the World By Storm,” Benzinga’s Future of Crypto Conference, December 2022
• Speaker, “Structured OTC Derivative Transactions - Key Negotiation Points,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2022 Conference, October 2022
• Speaker, “Structured OTC Derivative Transactions - Key Negotiation Points,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2021 Conference, October 2021 
• Speaker, “Structured OTC Derivative Transactions - Key Negotiation Points,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2020 Conference, October 2020
• Speaker, “Convertible Securities and Related Derivatives Strategies,” Practising Law Institute’s Understanding Financial Products 2020 Conference, January 2020
• Speaker, “Structured OTC Derivative Transactions- Key Negotiation Points,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2019 Conference, October 2019
• Speaker, “Governance and Monetary Policy for the Decentralized Financial System,” Blockchain Economic Forum, London, U.K., September 2019
• Speaker, “A ‘How to Guide’ for Basic Derivatives, Swaps Clearing & Structured Products,” New York City Bar Association, June 2019
• Speaker, “Principal Issues for Consideration and Negotiation in Derivatives Documentation – Cleared and Uncleared,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2018 Conference, October 2018
• Speaker, “Principal Issues for Consideration and Negotiation in Derivatives Documentation – Cleared and Uncleared,” Practising Law Institute’s Advanced Swaps & Other Derivatives 2017 Conference, October 2017
• Co-chair and Speaker, “Electronic and Algorithmic Trading: The CFTC’s Reg AT and Global Regulatory Oversight,” Swaps & Derivative Transactions, American Conference Institute, November 2016
• Speaker, “Variation Margin Requirements” and “ISDA 2016 Variation Margin CSAs and New Collateral Documentation Architecture,” ISDA Conference, November 2016
• Co-chair and Speaker, “CFTC’s Reporting Requirements on Larger Trades: Understanding Implications and How to Comply,” National Advanced Summit on Swaps & Derivatives: Global Markets Regulation, American Conference Institute, June 2015
• Speaker, “A Focus on Documentation Protocols: What Is Needed, Counterparty Documentation, Clearing Documentation, and More,” Reform and Regulation of Derivative Transactions, American Conference Institute’s 2nd National Advanced Summit, January 2014