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Conflict-Free Advocacy on High-Stakes Financial Products Disputes.
We focus on high-stakes litigation for major participants in the financial services, as both claimants and defendants, involving some of the most complex and esoteric financial instruments in today's market. We are noted for our conflict-free profile which allows us the aggressive pursuit of claims against virtually any institution.
Parallel Proceedings Experience.
Many of our lawyers' experience, as former federal prosecutors from the SEC-CFTC-DOJ Securities & Commodities Fraud Task Force as well as our former enforcement attorneys from the U.S. Securities and Exchange Commission, provides us with particularly useful insights in financial products disputes that occur in the context of parallel government investigations.
Representative Engagements.
Structured Products: CDOs, Auction Rate Securities, Private Label Mortgage-Backed Securities, et al.
- Representation of a major airline in FINRA arbitrations of US $400 million+ against Merrill Lynch, Oppenheimer & Co., and Lehman Brothers relating to structured products including auction rate securities
- Representation of a homebuilding company in connection with FINRA arbitration against JPMorgan Chase over claims regarding US $120 million+ in private label mortgage-backed securities
- Representation of a London-based institutional investor in dispute in the United Kingdom against a Master Servicer relating to alleged failure to adhere to Servicing Standards
Indenture Trust and Private Client Trusts/Estates Disputes.
- Representation of several hedge funds in disputes against U.S. and English indenture trustees of structured investment in compelling investigation of potential non-conforming loans
- Representation of Jersey Trustees in a multi-million pound dispute between a third party investor, beneficiaries and the Trustees, in which the English High Court gave a landmark decision on the meaning and effect under English law of the obligation to procure contractual performance
- Representation of protector of US $400 million+ offshore trust in resisting U.S./onshore efforts at freezing and forfeiting assets, involving parallel proceedings in the U.S. and Cayman Islands courts, as well as Switzerland and Italy
- Representation of the widow of Dr. Atkins, and beneficiary of US $600 million+ trust in contest against trustees relating to permissible use of corpus of funds in proceedings in Surrogate’s Court of the State of New York and Florida state courts
- Representation of trustee of multi-million dollar Florida-based trust in defending against allegations of violations of fiduciary duties
Insurance.
- Representation of a large insurance company in Bermuda form arbitration in London relating to coverage disputes arising out of a £ 500 million+ mass tort liability
- Representation of various institutional claimants and their insurers in series of loss recovery claims following devastating explosion at petrol distribution centre in southeast England (Buncefield)
Commodity Futures.
- Representation of Fluxo-Cane, a Brazilian sugar-trading company, involved in multi-state litigation in New York and Chicago, as well as National Futures Association (NFA) and InterContinental Exchange (ICE) arbitrations, against several futures commission merchants/clearing houses and in parallel proceedings in the United Kingdom and Brazil, with over US $100 million in controversy
- Representation of Brian Hunter, the former head of Energy Trading for US $9 billion hedge fund Amaranth Advisors LLC, in various actions, including a civil suit filed by an institutional investor against Amaranth Advisors, as well as a class action, alleging manipulation of NYMEX natural gas futures markets
- Representation of a former MF Global execution broker in connection with a class action in the U.S. District Court for the Southern District of New York, relating to alleged manipulation of platinum and palladium futures markets
Securities Purchase & Repo Agreements.
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Representation of a consortium of hedge funds in litigation against an Asian manufacturing company, alleging breach of contract, breach of fiduciary duty, and conversion, among others, under a securities purchase agreement
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Representation of a hedge fund in a US $400+ million dispute against Cantor Fitzgerald & Co., in relation to repurchase agreements
Trade Counterparty Disputes.
- Representation of a financial institution against another financial institution in FINRA arbitration for failure to execute a trade confirmed
- Representation of a European bank's trading operation in multi-million dollar dispute with an interdealer broker concerning trades in bankruptcy of "when-issued" stock
Cash & Synthetic Financial Derivatives / Default Swaps.
- Representation of Collateralized Loan Obligation funds managed by an international investment bank in connection with litigation arising from a dispute over Loan Default Swap contracts in the U.S. District Court for the Southern District of New York
- Representation of a UK hedge fund, in connection with claim against Goldman Sachs resulting from alleged misrepresentations regarding credit default swaps and associated margin calls, leading to a loss of nearly US $300 million
Hedge Funds, Investment Advisory & Management Litigation.
- Representation of U.S. hedge funds in municipal bond arbitrage litigation against investment bank in England regarding breach of contract arising of investment agreements, involving more than £30 million in controversy
- Representation of a Steering Committee of hedge fund investors in takeover of hedge fund and investment manager after loss of more than US $200 million in Petters Worldwide Ponzi scheme
- Representation of a group of investors seeking information regarding the status of US $70+ million investments in gated offshore funds specializing in PIPEs, in evaluating strategic options including a potential takeover of certain funds in order to assert investor rights and claims directly against fund principals and other third-parties
- Representation of a U.S. hedge fund investment manager and a Cayman Islands fund, against various actions by investors in the underlying fund arising out of US $200 million+ in investment losses related to the collapse of the Madoff Ponzi Scheme
- Representation of a European company specializing in hedge fund administration in actions filed by investors in so called "feeder-funds" that held securities with Bernard L. Madoff Investment Securities LLC
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New York
