Complex Financial Products

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Overview

RK&O’s litigators are experienced, versatile attorneys who possess a comprehensive understanding of both the intricacies of the financial services industry and the complex financial products that our clients transact and invest in. Our track record of favorable results in some of the most complex, high-profile litigations of the last decade defines our practice. more +

RK&O regularly represents hedge funds, investment banks, mutual funds and other institutional investors in litigation related to financial products including:

  • Collateralized debt obligations
  • Collateralized loan obligations
  • Mortgage-backed securities
  • Asset-backed securities
  • Subprime issues
  • Swaps
  • Synthetic financial instruments

With each engagement, we seek to understand our client’s objectives and craft a legal strategy accordingly. This collaborative spirit extends to our work with our colleagues, and we regularly consult our corporate and regulatory teams to leverage the firm’s full expertise and experience in defense of our clients.

Experience

  • Morgan Stanley in a series of lawsuits brought by the trustee and a junior noteholder concerning the interpretation of an indenture of a $1 billion CDO.
  • Senior Bank of America executives in a litigation involving mortgage-backed securities.
  • A large primary investor in a hedge fund that invested in CDOs.
  • Black Diamond Capital Management in a suit against Barclays relating to the termination of a $1.5 billion total return swap.
  • An investment partnership in a multi-district litigation involving allegations of market timing in connection with the purchase and sale of mutual funds.
  • 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.
  • 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.
  • A significant investor in a group of hedge funds that defaulted on credit default swap protection providing "pay as you go" protection on notes issued by a CDO.  

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