Financial Markets Disputes

Financial Markets Disputes

Overview

We have a strong track record of resolving financial markets disputes and we welcome this opportunity to present our capabilities.

Our cross-disciplinary offering combines the market-leading expertise of our transactional and regulatory specialists with the experience of our multi-award-winning dispute resolution team, to provide an integrated solution that offer the right skillset to help you navigate contentious challenges and meet your commercial objectives.

We have extensive experience of advising on a broad range of legal and regulatory issues that affects participants in the financial markets, in both contentious and non-contentious scenarios, including in times of market stress and in the context of insolvencies, and on disputes which raise market-wide issues.

  • We have experience of a wide variety of financial instruments and asset classes including loans, debt securities, asset-backed securities, equity securities, derivatives and structured products, commodities and digital assets.

  • We act for or against a range of market participants, including financial institutions dealing in, holding or managing financial assets, investors, and servicers and professional advisers in the market. We have limited conflicts and work both claimant and defendant side, allowing us to bring both perspectives to bear.

  • We draw on strong expertise of custody, prime brokerage, securities finance and financial collateral, and, via our award-winning Fintech, Market Infrastructure and Payments group, clearing, settlement and financial market infrastructures.

  • We are experienced in a broad range of issues relevant to financial markets disputes, including ESG, mass claims and crypto disputes and cover the full range of preventative risk counselling, litigation, arbitration, alternative dispute resolution and investigations.

Our teams are tailored to your specific circumstances and needs and the practices relevant to our Financial Markets Disputes offering are all highly regarded in the market, including our Finance, Derivatives & Structured Products, Financial Services & Markets and Restructuring & Insolvency / Contentious Insolvency teams. Our Dispute Resolution team is regularly instructed on, and has deep experience of running, complex mandates, including the largest in the London disputes market.

Through cross-practice teams we handle all manner of contentious regulatory instructions, involving financial markets institutions and investors as well as individuals, and advise on a wide variety of high profile and market-leading internal and regulatory investigations, both domestic and international, including investigations conducted by the FCA, PRA, Bank of England, HM Treasury, SFO, UKLA, HMRC, Department of Justice, SEC, EU Commission and other regulators and equivalent bodies across the world.

We are seasoned, committed and have the expertise and resources to advance your interests in line with your commercial objectives, no matter how complex or difficult the contentious challenge. We use the legal technology, legal operations, and eData capabilities of the firm to optimise service delivery to clients and ensure value for money and work with leading independent law firms around the world to provide a seamless premium service for our clients wherever it is needed.

Selected experience includes:

Acting for a major European investment bank in English proceedings in the Financial List against an Italian public body concerning the validity of interest rate swap transactions.

Representing Sebastian Holdings, Inc. in its multi-billion dollar claim in the Commercial Court against Deutsche Bank arising from a series of exotic derivatives transactions.

Acting for the Joint Administrators of Lehman Brothers International (Europe) (in administration) and the Joint Liquidators of Lehman Brothers (Luxembourg) SA in a large number of disputes relating to termination, valuation, set-off and other issues in relation to transactions entered into under ISDAs, OSLAs, GMRAs, GMSLAs and other agreements.

Advising individuals and firms in relation to FCA investigations and enforcement actions and other regulatory and internal investigations.

Advising a large financial institution in negligence and/or breach of contract claims against two service providers in relation to a debt capital markets arrangement.

Acting for various pension scheme trustee clients in relation to termination events and eligible collateral requirements in light of recent (national and corporate) credit-rating downgrades.

Advising The Oversight Committee of the Bank of England (with Lord Grabiner QC) in connection with its investigation into the role of Bank officials in relation to conduct issues in the foreign exchange market.

Acting for various other counterparties in connection with disputes arising from their financial contracts including complex derivatives.

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