Witold Balaban

  • Partner
  • Ewitold.balaban@lw.com
  • 885 Third Avenue
  • New York, NY 10022-4834
  • USA
  • T +1.212.906.4550
  •  
  • 99 Bishopsgate
  • London EC2M 3XF
  • United Kingdom
  • T +44.20.7710.3068
  •  
 

Profile

Witold Balaban is the Global Co-Chair of Latham & Watkins’ Financial Institutions Industry Group and the former Global Co-Chair of the firm’s Capital Markets Practice. He is recognized by leading global financial institution clients for his knowledge of the equity markets and the various financial products developed over the last couple of decades to enable corporate clients to restructure their balance sheets and to finance, monetize, and/or hedge large concentrated equity positions. Mr. Balaban’s market knowledge and his technical product experience makes him the go-to person for structuring complex and first-of-its-kind equity-linked transactions spanning a number of jurisdictions.

Mr. Balaban advises clients on financing strategies relating to concentrated equity positions and on balance sheet restructuring transactions, including:

  • Convertible and exchangeable bond offerings (both optional and mandatory, including trust-issued mandatory exchangeables) and related call spread overlays
  • Convertible bond exchanges and related call spread unwinds
  • Structured margin loans
  • Various other equity-based financing, hedging, and monetization transactions, such as funded collars, variable prepaid forwards, covered calls, and combinations of the foregoing
  • Fixed and variable share forward sales and related equity offerings, including registered and Rule 144 exempt block sales and at-the-market (ATM) offerings
  • Structured issuer share repurchase transactions

As Co-Chair of the firm’s Financial Institutions Industry Group, Mr. Balaban is focused on building and marketing Latham’s unique global capital markets offering that provides our global financial institution clients with integrated, top tier financial regulatory coverage spanning the US, the UK, the EU, and Asia.

Experience

Mr. Balaban represents a number of global financial institution clients in connection with equity derivatives products and equity-linked products, both OTC and distributed in capital markets. Clients include:

  • Goldman Sachs
  • Deutsche Bank
  • Bank of America Merrill Lynch
  • J.P. Morgan
  • Morgan Stanley
  • Credit Suisse
  • UBS
  • Barclays

Thought Leadership

  • Digital Asset Regulation: Howey Evolves & The Pursuit of Sufficient Decentralization -  January 28, 2020
  • Digital Asset Regulation: Howey Evolves -  January 21, 2020
  • Lexology Getting The Deal Through's Equity Derivatives 2019 -  September 30, 2019
  • Cross-Border Application of EMIR — What Has Changed? -  November 22, 2013
Witold Balaban has a deep practice in the transactional space, primarily advising clients on equity derivatives and equity-linked products. Clients appreciate his ability "to analyze a problem and be commercial in providing solutions," while peers also offer praise for his "pragmatic risk-based approach."Chambers USA 2018
Bar Qualification
  • England and Wales (Registered Foreign Lawyer)
  • New York
Education
  • JD, New York University School of Law, 1993
    magna cum laude; Law Review Alumni Association Award (Third in Class); George A. Katz Memorial Award (Securities Regulation); American Jurisprudence Award in Property, Spring 1991; Order of the Coif
  • BA, Queens College, 1990
    summa cum laude; Valedictorian
Industries
  • Oil & Gas
  • Power
  • Financial Institutions
Practices
  • Capital Markets
  • Derivatives