Banking and finance litigation
Examples of our work include:
Landmark swaps dispute
Successful representation of corporate swap counterparties in a multi-million dollar dispute following the collapse of a major investment banking institution.
Bond issue
Advising a regional Italian public authority in relation to disputes with the co-arrangers and swap counterparties for a US$1bn bond issue.
Complex CDO structures
Advising financial institution clients in relation to the unravelling of complex CDO structures and representing them in connection with related claims.
Credit default swap dispute
Successful representation of an investment bank in its claim for a multi-million dollar payment from its counterparty under a credit default swap.
Discretionary valuation of emerging markets debt
Successful representation of an investment bank in its defence of a multi-million dollar claim relating to the close-out and valuation of emerging markets debt instruments under forward sales contracts. The matter involved expert evidence from financial markets participants in the UK, the United States, Brazil and Argentina.
Foreign government oil warrants dispute
Representing an investment bank in relation to a dispute concerning the delivery of foreign government oil warrants.
Insolvencies of US and Icelandic financial institutions
Advising clients and counterparties in relation to the insolvencies of well-known US and Icelandic financial institutions, including advice on the closing-out of transactions and the effect of prime brokerage and related documentation.
Jurisdiction Dispute
Representing the trustee of an insolvent Danish financial institution in its challenge to the jurisdiction under the European Regulation and The Credit Institutions (Reorganisations and Winding Up) Regulations, in respect of a claim of alleged mis-selling of subordinated notes.
Loan agreements dispute
Representing a Norwegian municipality in a dispute arising out of loan agreements with a major financial institution which were held to be unenforceable under Norwegian law.
Multi-million dollar interest rate swaps dispute
Representing an investment bank in relation to a multi-million dollar interest rate swaps and cross-currency options dispute resulting from the imposition of foreign exchange controls.
Net asset value of securities dispute
Representing an investment bank in relation to its claim in respect of the net asset value of securities underlying a Certificate of Deposit credit-linked structure.
Overseas criminal authority investigations
Representing financial institution clients in relation to requests made by UK government agencies under the Crime International Co-operation Act 2003 in connection with investigations being conducted by overseas criminal authorities.
Overseas litigation involving financial institutions
Representation of a number of financial institutions in successfully setting aside wide-ranging court orders under the Hague Evidence Convention, requiring the disclosure of documentation and the cross-examination of bank personnel, in connection with overseas litigation.
Related practice areas
"Macfarlanes LLP is very active in cross-border disputes, and has a broad practice, serving a varied client base. Group head Barry Donnelly 'combines excellent technical knowledge with strategic awareness'."
The UK Legal 500 2011