Practice Areas

Industries

Janice R. Moore

Special Counsel

With more than 20 years of experience in the derivatives and capital markets industry, and having served as in-house counsel to major companies, Janice offers a unique advantage to the firm's clients. Banks, pension funds, hedge funds and end-users seek her expertise in the credit, risk, trading, finance, commodities, controls and other aspects of derivatives and hedging transactions, whether based on standard documents (including ISDA Master Agreements and futures clearing agreements) or non-standard documents (such as structured notes). She also has transactional experience with the legal frameworks for derivatives in emerging markets in Southeast Asia and South America.

Janice has spent almost half of her legal career as in-house counsel to Fortune 100 companies, first at Mobil Oil in New York and Fairfax, VA and then Enron in Houston, Texas. She returned to private practice in 2001 as a partner in two major law firms in Washington DC, advising clients on trading matters. When asked to assist a major U.S. bank with capital markets derivatives transactions and structured products private placements, her derivatives expertise sharpened as they built a major business unit in Latin America and Asia. Since coming to Pierce Atwood in 2010, Janice has devoted her practice to capital markets and commodity derivatives, with a special focus on the impacts of the Dodd Frank Wall Street Reform and Consumer Protection Act, enacted in July 2010.

Recent Experience

Representation of a major food processor in commodity (feed and livestock) and capital markets hedging and other risk management agreements
Advising a large pension funds in interest rate hedging programs, including OTC derivatives and exchange-traded futures contracts and related clearing agreements
Counseling regulated public utilities and power marketers in commodity and capital markets hedging programs and transactions, including template agreements, portfolio review and analysis and advice on credit terms and exposures (contract valuations in excess of $2 billion dollars), including advice and training on various CFTC compliance issues
Representation of a large U.S.-based global bank with respect to hundreds of ISDA master agreements and other industry standard agreements and netting and collateral arrangements, as well as inter-creditor agreements, sometimes in connection with bank loans and loan participations, in addition to hundreds of private placements of structured notes, based on a wide variety of underlyings, including debt and equity securities, commodities, currencies, indices, baskets, and related derivatives instruments, while also drafting, reviewing and negotiating distribution agreements, disclosure documents and customer agreements
For a large foreign-based global bank, negotiating hundreds of ISDA master agreements, swap participation agreements, and netting and collateral arrangements and an extensive forensic analysis of the bank's potential liabilities and rights and remedies under numerous market-value and other mortgage securitization related derivatives products, which involved bankruptcy concerns and innovative risk management techniques

Honors & Distinctions

Janice was recently featured in Public Utilities Fortnightly "Groundbreaking Lawyer of 2010" for her work on the impact of the Dodd-Frank Act on energy and other commodity derivatives. She is also listed in the 2013 Super Lawyers.

Professional Activities

Chair, Finance and Transactions Committee, Energy Bar Association, 2011

Chair, Derivatives, Futures and Securitization Standing Committee of the Corporation, Finance and Securities Section of the DC Bar

Member, Board of Corporate Counsel Section, State Bar of Texas, 2000-2001

Chair, Board of Governors, Corporate Counsel Section, Virginia State Bar, 1990-1996

Publications

"Financial Reform Legislation -- Dodd Frank Title VII- and its Impact on Hedging by Energy Companies," Energy Law Journal, Vol. 32, No. 1 (2011) (co-author).

Capturing the Power of Electric Restructuring, ABA, July 2009 (co-author).

"Negotiating The Best Deal For Land Use Agreements: Taxes and other liabilities are potential pitfalls in many contracts," North American Windpower, March 2006 (co-author).