Martin Fingerhut

Martin Fingerhut is a partner in the Financial Services Group and plays a leadership role on our securitization team. Martin was the founding chair of the American Bar Association’s (ABA) Securitization and Derivatives Subcommittee, chair of the ABA’s Business Financing Committee and vice-chair of the International Bar Association’s Securitization Subcommittee. He was a member of the Expert Advisory Group to UNCITRAL with respect to the Convention on the Assignment of Receivables in International Trade. Martin became chair of the ABA’s Securitization and Structured Finance Committee in August 2011.

Martin represents issuers, sellers, investment bankers, asset-backed commercial paper conduits, credit enhancers, financial guarantee insurers, liquidity providers, trustees, lenders, borrowers and rating agencies in domestic and cross-border lending, securitization, covered bond, factoring and other commercial finance transactions involving corporate and consumer loans, residential and commercial mortgages, trade receivables, credit card receivables, conditional sale contracts, floorplan loans, motor vehicle and equipment loans and leases, and natural resources.

Martin was named one of the world's top 29 structured finance and securitization lawyers in Legal Media Group's 2011 Best of the Best Expert Guide. His commercial finance and securitization practice has also been recognized by The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada; Chambers Global (banking and finance: securitization); The Canadian Legal Lexpert Directory in securitization and in asset/equipment finance and leasing; Legal Media Group’s Guide to the World’s Leading Banking Lawyers, Guide to the World’s Leading Structured Finance and Securitization Lawyers and Guide to the World’s Leading Capital Markets Lawyers; Law Business Research’s The International Who’s Who of Business Lawyers (banking and capital markets); The Best Lawyers in Canada (banking and finance, equipment finance, securities and structured finance); and IFLR1000: The Guide to the World’s Leading Financial Law Firms. Chambers Global has written that “Martin Fingerhut enjoys a reputation as one of the truly great names in securitization.”

Martin has also represented numerous US, European and Asian businesses and their Canadian subsidiaries with respect to their Canadian operations. He has advised retailers, manufacturers, distributors, loyalty programs, banks, credit unions, finance companies, trust companies, factoring companies, insurers, swap providers, credit rating agencies, auctioneers, pharmaceutical companies, airlines, satellite operators, technology companies, equity funds and other businesses in connection with establishing and carrying on business in Canada, acquiring and selling Canadian businesses, raising funds in Canada, or otherwise dealing with Canadian customers, suppliers, governments, banks and others on a cross-border basis.

Martin was elected as a Fellow of the American College of Commercial Finance Lawyers in 1998 and was President of the College for the 2010-2011 term. Martin was elected to Governing Committee of the Conference on Consumer Finance Law in 2012. He is an executive director of the Association of Commercial Finance Attorneys and the treasurer, a member of the Executive Committee and a director of Special Olympics Canada.

Media Appearances

• Quoted - "Covered Bond Legislation Included in Canadian Govt. Budget," Covered Bond Investor, June 25, 2010
• Quoted – “Debate Slows TALF's Canadian Twin," Asset-Backed Alert, April 3, 2009
• Quoted - "Tax Treaty May Open up U.S. ABS to Northern Neighbours," Total Securitization, November 14, 2008
• Quoted - "Royal Bank Pitches Canadian Paper to Fidelity as Demand Tumbles," Bloomberg.com, July 3, 2008
• Quoted - "Elimination of Withholding Tax," Asset-Backed Alert, September 21, 2007
• Quoted - "Canada Close to Cutting Interest Tax," Article by Karen Sibayan, Asset Securitization Report, March 26, 2007
• Quoted - "An End to Canadian Withholding Tax?," Asset-Backed Alert, March 23, 2007
• Quoted - "Federal Budget Delivers the Goods for Bond Buyers and Sellers," Article by Harry Koza, The Globe and Mail, March 23, 2007

Publications

• Author - "Northern Comfort...Cross-Border Factoring of Canadian Receivables," abfjournal.com, April 2010
• Co-author - "Canadian Federal Budget Announces Structured Finance Developments," March 2010
• Co-author - "Canadian Government Launches Consultation Process to Support Vehicle and Equipment Term ABS," February 2009
• Author - "Canadian Government to Support Vehicle and Equipment ABS," February 2009
• Author - "Create New Opportunities to Securitize Canadian Receivables,” Global ABS Daily Gazette, June 3, 2008
• Co-author - "New Opportunities to Securitize Canadian Interest-Bearing Receivables," The International Law Office Newsletter, November 20, 2007
• Co-author - "Implications of the Impending Elimination of Canadian Withholding Tax on Interest Payments," ACC Docket, September 2007
• Author - "Potential Changes in the Canadian Market," Credit Suisse Asset-Backed Commercial Paper Newsletter, March 30, 2007
• Author - "Implications of the Impending Elimination of Withholding Tax on Interest Payments between the US and Canada," Asset Securitization Report (Daily), January 29, 2007

Recent Professional Activities

• Moderator - "Securitization Lenders and the New Regime," Association of Commercial Finance Attorneys, New York, NY, October 2010
• Speaker - "Covered Bond Experience in North America," American Bar Association Annual Meeting, San Francisco, CA, August 2010
• Speaker - "US Financial Reform Legislation," American Bar Association Annual Meeting, San Francisco, CA, August 2010
• Speaker - Impact of IFRS on Securitization," American Bar Association Annual Meeting, San Francisco, CA, August 2010
• Moderator - "State of the Canadian and International Securitization Market: Where do we go from here?," Canadian Structured Finance Forum, Niagara-on-the-Lake, ON, June 2010
• Speaker - "Securitization: Regulatory Developments," Association of Commercial Finance Attorneys Annual Continuing Legal Education Workshop; Hamburg, NJ, May 2010
• Chair and Moderator - "DIP Securitization and Financings: What are They and How Do They Work?," American Bar Association Annual Meeting, Chicago, IL, August 2009
• Moderator and Speaker - "State of the Canadian and International Securitization Market," 12th Annual Canadian Structured Finance Forum, Banff, AB, June 2009
• Speaker - "Introduction to Canadian Banking for U.S. Banking Lawyers," American Bar Association Spring Meeting, Vancouver, BC, April 2009
• Speaker - "Re-Regulation of Consumer Financial Services - Are we Condemned to Repeat Mistakes of the Past," American Bar Association Spring Meeting, Vancouver, BC, April 2009
• Moderator and Speaker - "Anatomy of a Canadian/US Cross-Border Securitization Transaction," American Bar Association Spring Meeting, Vancouver, BC, April 2009
• Speaker - "Exploring Cross-Border Lending: Is it Alive and Well?," Canadian Institute - Commercial Loan Finance & Security Conference, Toronto, ON, March  2009
• Moderator/Speaker - "Legal Framework for Covered Bonds," Second Annual Covered Bonds Forum, Toronto, ON, February 2009
• Speaker - "Canadian Securitization Market Overview," 2009 American Securitization Forum Conference, Las Vegas, NV, February 2009
• Participant - "Canada Tackles the Credit Freeze," American Securitization Journal Roundtable, Las Vegas, NV, February 2009
• Moderator and Panellist - "Wheel of Misfortune," Annual Continuing Legal Education Workshop of the Association of Commercial Finance Attorneys, Cambridge, MD, May 2008
• Moderator - "Cross-Border Securitization Panel," American Securitization Forum Winter Industry Conference, Las Vegas, NV, February 2008
• Co-chair and Speaker - "Legal Framework for Covered Bonds," Covered Bonds Conference, Toronto, ON, January 2008
• Editor - "Doing Business in Canada," PLC/Lex Mundi Handbook, 2008
• Editor - "Doing Business in Canada: Ontario," PLC/Lex Mundi Handbook, 2008
• Speaker - "Cross-Border Securitization Introduction to Securitization Conference,” Institute for International Research, San Francisco, CA, October 2007
• Speaker - "International and Cross-Border Developments," Insight Fixed Income Conference, Toronto, ON, October 2007
• Moderator - "Year in Review and What's Ahead," CSMA-Canada 4th Annual Conference, Toronto, ON, October 2007
• Speaker - "ABCs of Securitization," American Bar Association, Washington, DC, June 2007
• Speaker - "Implications of Withholding Tax Repeal," Insight 10th Annual Asset Securitization Forum, Whistler, BC, June 2007
• Moderator - "Three Key Issues - Planning for the Future," Insight 10th Annual Asset Securitization Forum, Whistler, BC, June 2007
• Speaker - "Introduction to Securitization Conference," Institute for International Research, New York, NY, April 2007
• Speaker - "Canada-US and Provincial-Federal Issues in Cross-Border Financing," Committee on Foreign & Comparative Law, New York City Bar Association, April 2007
• Moderator/Speaker - "Current Developments in Securitization and the UN Convention on the Assignments of Receivables in International Trade," Spring Meeting of Business Section of American Bar Association, Washington, DC, March 2007
• Speaker - "Update on Canadian Secured Transactions/Securitization Developments," Spring Meeting of Business Section of American Bar Association, Washington, DC, March 2007
• Moderator - "Developments in Canadian PPP Financing," Spring Meeting of Business Section of American Bar Association, Washington, DC, March 2007
• Moderator & Speaker - "Canadian Securitization Market Review," American Securitization Forum, Las Vegas, NV, January 2007

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Publications, Newsletters and Articles