"Matthew has the ability to help with novel issues."
Chambers USA 2023
"An excellent lawyer."
Chambers USA 2022
"Very knowledgeable on unusual asset classes."
Chambers USA 2022
Profile
Matthew Hays, Global Co-Chair of the firm's Structured Finance Practice, advises asset managers, issuers, investors, and originators on a range of asset-backed liquidity solutions and structured private credit transactions.
Matt brings a creative and commercial sensibility to structuring innovative and complex cross-border transactions that help clients mitigate bankruptcy risk and manage balance sheets, including:
Bankruptcy remote transactions
Navigating restructuring situations with structured vehicles
Warehouse facilities
Asset sale and forward flow transactions
Public and private securitization transactions
He advises clients in a full range of industries, with particular experience in fintech, insurance, energy and infrastructure.
Matt regularly writes and speaks on structured finance issues Including at the ABS East and SFVegas conferences.
Complementing his commercial work Matt serves as Chair of the Securitization and Structured Finance Committee of the American Bar Association/Business Law Section and as Co-Chair of the Editorial Review Committee and as a board member of the Structured Finance Association.
Experience
Matt's experience includes advising:
A seller of assets, servicer, transferor, borrower, and guarantor in connection with a legal services receivables financing facility
An asset manager in connection with its energy acquisition and securitization vehicles
Affirm, Inc., Avant, Inc., Carvana Co., BFS Capital, Inc., Enova International, Inc. and loanDepot.com, LLC in connection with bank partnership arrangements; whole loan sale and forward flow programs; 144A securitization transactions; and warehouse and term financing facilities
Fund managers in connection with loan purchases and financing facilities related to loans originated on platforms sponsored by Lending Club, SoFi, Freedom Plus, Square, CommonBond, Funding Circle U.S., Funding Circle U.K., Upstart, Upgrade and others*
Many first-time issuers in their inaugural securitization transactions, including CIM Group, Liberty Lending, First Help Financial, Bank of the West, Genesis Financial Solutions, Melody Wireless and others*
Asset managers in designing machine learning tools to identify LIBOR transition risks*
Restructuring ABS and structured finance transactions involving bankruptcy court and out of court workouts*
Creating ABS and structured finance products as collateral for reinsurance and insurance companies*
Registered mutual funds and private funds in financing facilities*
Multiple ABS offerings, whole loan sales, forward flow arrangements and warehouse facilities representing banks and finance companies such as Ally Financial Inc., Ally Bank, CarMax Business Services, LLC, Bank of the West and World Omni Financial Corp., backed by pools of retail auto loans, subprime auto loans, dealer floorplan loans, and vehicle leases*
Issuers, sponsors and fund managers in ABS offerings and warehouse facilities involving cellular sites, distributed antenna systems, personal installment loans, debt settlement loans, and solar panel loans and leases*
Sellers in whole loan sales and forward flow arrangements involving charged-off and performing credit card receivables, health care receivables, and point of sale loans*
Mortgage originators and sellers in connection with multiple mortgage repurchase facilities*
The ad hoc committee of term loan holders for Walter Investment Management Corp. in connection with its chapter 11 restructuring of US$2.1 billion of indebtedness*
S. C. Johnson & Son, Inc. in its €245 million acquisition of Sara Lee Corporation’s global shoe care business*
The Special Committee of the Board of Directors of Expedia.com in connection with the spin-off of TripAdvisor, Inc.*
*Handled prior to joining Latham
Thought Leadership
“Evolution of Financing Sources: Structured Elements in Asset-Based Financings” & “Asset-Based Financing Solutions in Fund Finance: Structuring, Risk Management, and Other Practical Considerations,” American Bar Association Business Law Section (September 12, 2024)
“Current Developments in Securitization and Structured Finance,” American Bar Association’s Business Law Section Annual Meeting (September 2022)
“Policy Watch: Life With No New LIBOR Contracts: How is the Transition Proceeding,” SFVegas (July 19, 2022)
“Securitization Basics: Introduction to Reference Rates,” American Bar Association’s Securitization and Structured Finance Committee, Webinar (February 3, 2022)
Firm honored by Law360 for advising startups, financial institutions, VCs, digital asset and Web3 participants, and corporations on their most innovative and complex transactions, investigations, litigation, and regulatory matters.
Multidisciplinary team led by members of the firm’s Investment Funds Practice represented the global asset management and investment advisory division of Guggenheim Partners in the transaction.
Notice: We appreciate your interest in Latham & Watkins. If your inquiry relates to a legal matter and you are not already a current client of the firm, please do not transmit any confidential information to us. Before taking on a representation, we must determine whether we are in a position to assist you and agree on the terms and conditions of engagement with you. Until we have completed such steps, we will not be deemed to have a lawyer-client relationship with you, and will have no duty to keep confidential the information we receive from you. Thank you for your understanding.