Financial Services Litigation & Regulatory - Recent Instructions

• Acting for a UK fund manager defending allegations of mis-selling and negligent portfolio management arising from the sale of structured products to various clients which redeemed at zero value following the trigger of a default hedging provision.
• Acting for British Energy in its successful claim (upheld on appeal) against Credit Suisse concerning sub-participation and option rights under financing arrangements relating to a power station.
• Acting for a well known US private equity firm in a dispute concerning a €360 million syndicated loan, the underlying investment being a significant stake in a German commercial bank.  The case has involved legal proceedings in England, the Cayman Islands, Canada and the USA.
• Advising a leading investment bank on a series of disputes worth tens and hundreds of millions of dollars arising under swap-based, credit-linked and first-to-default structured credit transactions.
• Acting for a UK private bank in defending allegations of mis-selling related to Lehmans structured products.
• Acting for a major confectionary company in the successful defence of claims of some £30 million brought by international banks arising out of an alleged fraud.
• Advising, in conjunction with Channel Islands counsel, in relation to the role of a custodian to a Madoff feeder fund.
• Advising a leading fund manager in a £50 million mis-selling claim against the investment bank issuer of notes in a leveraged offshore fund.
• Advising a Swiss bank in relation to a series of inter-related investments totalling several hundred million dollars in index-referenced notes issued by a global investment bank, and on linked disputes with its clients.
• Advising in relation to leveraged notes exposed to Bernard Madoff through a feeder fund.
• Representing a wealth management firm in relation to an FSA investigation concerning the sales of structured products.
• Advising a substantial Italian business on claims against a global investment bank arising in connection with a series of exotic swap transactions which led to losses in excess of €50 million.
• Acting for a number of institutions and high net worth individuals in relation to disputes concerning the closure of contracts for differences following the collapse of Kaupthing Singer & Friedlander. The case involves important legal questions regarding the impact of insolvency on open CFD positions.
• Representing a leading hedge fund in an FSA market abuse investigation.
• Representing various stock broking firms and their senior management teams in FSA investigations concerning sales practices and Treating Customers Fairly requirements.
• Advising a private investment bank in relation to its dispute with one of the major investment banks as to its principal (£500 million) credit facilities.
• Acting for liquidators of a substantial investment fund in the attempted recovery of US$250 million from JP Morgan. The case involved proceedings in England and the USA.
• Advising a number of hedge funds on their position under credit default swaps, and a substantial asset manager on its position under exclusive securities lending programmes, following the market turmoil surrounding the collapse of Lehman Brothers.
• Acting on behalf of the liquidators of stockbroking company, Teathers Limited, in relation to a claim being pursued by former client, Powernet Telecom plc, arising out of the allegedly negligent preparation and circulation of the documentation relation to the private placing of shares in Powernet in December 1999.
• Advising activist hedge funds in relation to investments in equities and bonds issued by major UK PLCs.
• Advising a private investment bank on a dispute with one of the UK’s largest banking groups under a joint venture to market and provide derivative products to entities in the former Soviet states.
• Representing an investment bank and a trader in an FSA investigation concerning market abuse systems and controls.