We work with US and international banks and other financial services companies. We have won or favorably settled cases involving a broad range of instruments and transactions, including secured loan agreements, commodity warrants, security entitlements, FOREX hedging contracts, and collateralized debt obligations. Our cases have also included securities and accounting fraud and stock price manipulation claims.
We are conflict‐free, and so can act in bank‐to‐bank or financial institution‐to‐bank disputes.
In addition to our deep industry knowledge and US litigation experience, we offer an unrivaled international perspective. We are very familiar with the recurring issues confronting our international clients in US litigation, including the tension between intrusive US‐style discovery and the clients’ bank secrecy, as well as data protection requirements and other confidentiality obligations under foreign law.
- Representing a New York bank as interpleader plaintiff in an action to resolve competing claims to a $50 million fund asserted by a European bank and certain noteholders.
- Acting for a Brazilian bank in state and federal court proceedings in New York to recognize and enforce a Brazilian judgment against defendants who had defaulted under a series of related commercial loans. The case settled on favorable terms after we successfully obtained an order of attachment from the New York court.
- Representing multiple investment management and financial institution clients, including a bank-owned clearinghouse organization, in litigation in the Southern District of New York arising out of the Bernard Madoff fraud.
- Defeating a borrower’s motion to dismiss a New York state court action commenced on behalf of our offshore investment company client seeking declaratory relief and damages resulting from a fraudulently obtained Mareva injunction in Singapore.
- Successfully opposing a motion to compel arbitration in New York federal court on behalf of a Swiss-based global private markets investment manager in a dispute arising from a $100 million investment in a Cayman Islands limited partnership.
- Representing a Dutch pension manager in New York state court litigation against a major European bank to enforce the terms of a multi-million dollar securities transaction. The case settled on favorable terms after we moved for summary judgment.
- Obtaining dismissal on summary judgment of all claims asserted against a US-based hedge fund in an action seeking more than $1 billion in damages for alleged violations of the RICO statute and business torts arising from an alleged scheme to depress the stock price of a publicly traded financial services company.
- Obtaining dismissal on summary judgment of all claims asserted against a well-known international financier arising from an investment in a failed aircraft leasing business.
- Representing a private equity firm in New York state court action to recover investment losses attributable to major accounting firm’s fraudulent “clean” audit opinions of a failed Spanish issuer.
- Obtaining dismissal of fraud and other tort claims asserted against a Cayman hedge fund manager in New York state court in connection with a collateralized loan agreement. We also defeated the Spanish borrower’s application for a temporary restraining order and a preliminary injunction.
- Defending a Swiss-based life insurer in a putative securities class action in Florida federal court brought by annuity investors seeking to recover losses caused by the collapse of a third-party Madoff feeder fund. Obtained favorable settlement precipitated by our motion to dismiss.
- Winning a bankruptcy court bench trial in the Southern District of Florida on behalf of a US-based hotel operator in a dispute under an intercreditor agreement, enabling the client to collect on a $30 million guaranty.
- Obtaining dismissal of a class action against a leading underwriter alleging securities fraud claims and RICO violations.