Capital Markets Litigation
Our clients evaluate risk at every level of the capital markets worldwide. Litigators at Richards Kibbe & Orbe LLP bring to our client relationships a deep understanding of the role of risk in the financial markets that, on occasion, can lead to litigation. We advise on litigation arbitrage positions and represent clients in connection with trading disputes, M&A disputes, derivatives and structured financial products litigation, and disputes arising from investments in portfolio companies, including corporate governance issues. We also work closely with the attorneys in our transactional practice to assist them in structuring complex transactions so as to minimize future litigation risk.
Our litigators have developed a particularly strong presence in the capital markets, financial services, and securities industries, which complements our firm’s regulatory and transactional practices. The firm’s clients include major commercial banks, investment banks, hedge funds, private equity firms, investment advisers, and broker-dealers in a broad range of complex and significant matters. Recent representations include the following:
• Represented a multibillion-dollar fund in a two-part arbitration involving claims by a former senior executive seeking a profits interest in investments the fund had made in Japan.
• Represented an investment partnership in a multi-district litigation involving allegations of market-timing in connection with the purchase and sale of mutual funds.
• Represented a major international bank in connection with a dispute with a European bank arising out of the European bank’s refusal to close a multimillion-dollar distressed-debt trade.
• Represented a partnership responsible for the management of multibillion-dollar investments in distressed assets in an action brought by a former adviser seeking a post-termination interest in fees payable to the client.
• Represented a large financial services company in an action brought to recover millions of dollars for the storage of equipment that was collateral for a defaulted loan that had been issued by the client.
• Represented major financial corporation in a state court action and related arbitration seeking indemnification from members of a lending syndicate for attorneys’ fees incurred by client as agent bank in defense of an adversary proceeding.
• Represented an investment partnership in state court litigation to enforce contractual rights in the purchase and sale of trade claims.
• Represented individuals and family partnerships in a federal court litigation arising out of the termination of derivatives transactions involving pre-paid variable forwards.
