is an associate in the firm’s New York office.
Mr. McIlwain’s practice focuses on financial institutions with an emphasis on legal mechanisms for addressing the failure of global, systemically important financial companies. Mr. McIlwain has been actively engaged with both market participants and regulators in transatlantic regulatory reform initiatives to develop innovative approaches to financial company insolvency, such as ‘bail-ins’ and recapitalizations, and to harmonize U.S. and EU requirements for resolution plans (so-called ‘living wills’). He regularly advises clients on financial company insolvency matters regarding the Orderly Liquidation Authority provisions of the Dodd-Frank Act, the Federal
Deposit Insurance Act and the Bankruptcy Code and is currently advising several U.S. and non-U.S. institutions on the preparation of their recovery and resolution plans. Mr. McIlwain also advises clients on derivatives transactions and structured financings of various types of financial assets. During and after the financial crisis, he advised government agencies and major Wall Street firms on efforts to stabilize financial markets.
As a former technology consultant and entrepreneur, Mr. McIlwain spearheaded the firm’s efforts to develop innovative information technology systems to support the firm’s lawyers and clients in tracking and analyzing U.S. and EU regulatory reform efforts. He has also worked with financial institutions on internal systems for managing regulatory reform information.
Mr. McIlwain has lectured and published articles on transatlantic regulatory reform efforts and emerging financial company insolvency regimes.
Mr. McIlwain joined the firm in 2007. He received a J.D. degree, cum laude
, from New York University School of Law in 2007, where he served as Editor in Chief of the NYU Journal of Legislation and Public Policy. He received a Masters degree in management information systems from The George Washington University School of Business and Public Management in 1999 and an undergraduate degree from Occidental College in 1995.
Mr. McIlwain is a member of the Bar in New York.
- New York University School of Law (J.D., 2007)
- George Washington University (M.S., 1999)
- Occidental College (B.A., 1995)