Print PDF Capital Markets Litigation
Our deep experience with the financial services and securities industries makes us uniquely qualified to advise clients involved in capital markets litigation. We represent clients in connection with disputes regarding trading; mergers and acquisitions; derivatives and structured financial products, including litigation involving credit default swaps, collateralized debt obligations (CDOs) and collateralized loan obligations (CLOs); subprime issues, asset-backed securities (ABS) and mortgage-backed securities (MBS); municipal bonds litigation; and disputes arising from investments in portfolio companies, including corporate governance issues. We also advise on litigation arbitrage positions.
RK&O’s multi-disciplinary approach adds value with respect to our clients’ litigation objectives, as well as their regulatory and transactional strategies. Our litigators work closely with the attorneys in our regulatory and transactional practices to assist them in structuring complex transactions in a manner that minimizes future litigation risk.
Experience
- Counsel for the Lone Star Funds and Hudson Advisors in securities fraud litigation against certain parties affiliated with Barclays Bank based on investments made in collateralized debt obligations that were both publicly and privately issued. The representation is ongoing and the matter is currently on appeal before the United States Court of Appeals for the Fifth Circuit.
- 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.
Publications
- "Derivatives risk remains poorly understood" by Craig Newman and David Daniels published in Financial Times
- "Still in Flux: Legal and Regulatory Developments Affecting the Analysis of Information Flow in the U.S. Secondary Loan Market" by Julia Lu and Jennifer Grady published in the LSTA 2012 Loan Market Chronicle
- “Puncturing a finance myth of the digital age” by Craig Newman published by The Deal
- "Tribune suits put public liability on trial" by Craig Newman published in the Financial Times
Presentations
- Daniel Stein and Craig Newman to lead “Civil Enforcement Cases: Emerging Trends and Issues in the Wake of the Financial Crisis” PLI briefing
- James Walker presents “LinkedIn, Facebook and Twitter, Oh My! Ethics & Privacy in Social Media” hosted by the LSTA
- RK&O partners participate in the panel discussion "Receiving Information, Managing Risk, and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Financial Services General Counsel Luncheon in San Francisco
- RK&O partners present "Receiving Information, Managing Risk and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Alternative Asset Management General Counsel Luncheon in New York City
News & Announcements
- Craig Newman quoted in The Wrap article “For Rupert Murdoch, Parliament Report Could Spur U.S. Legal Woes”
- Brian Fraser quoted in The Bond Buyer article “Providence Confronts a Pension Problem That's Not So Divine”
- Shari Brandt quoted in Investor’s Business Daily article “Best Buy Botched CEO Exit News But Shined in Probe”
- Craig Newman quoted in Law360 article “With More Investor Safeguards, JOBS Bill Heads To Obama”