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Battling the Backlash of the Financial Crisis
The global financial crisis continues to put
financial institutions and their clients under the spotlight and
there has been a dramatic increase in disputes as businesses struggle
to protect and defend their rights and ensure continued viability.
It has been keeping LK Shields Solicitors busy too -
Sarah
Lyons explains what the Financial Litigation Unit at
LK Shields Solicitors does and the kind of services it provides.
Recent times have seen the international financial services industry
face phenomenal challenges. Initial market turmoil from the US sub-prime
mortgage fall-out and the reversal of the housing boom quickly evolved
into an international financial crisis. Large financial institutions
have collapsed or been bought out. Governments have taken dramatic
measures to try and rescue their financial systems. As the credit
crisis continues, many financial services firms are fighting to
ensure business survival.
In Ireland, we have seen a dramatic increase in banks and other
corporates needing assistance with a range of counterparty, solvency
and legal security issues.
We act for major domestic and international financial institutions,
brokers, fund managers, insurers, investment funds and their service
providers. We offer a full range of services from pre-dispute advice
to representation before courts at every level in Ireland, drawing
on the extensive expertise of our litigation lawyers together with
the specialist industry knowledge of our financial services team.
In addition to advising on non-contentious aspects of financial
services law and regulation, we also act in national and international
disputes including arbitrations and mediations. Examples of our
expertise includes the following.
Insolvency and Restructuring
We have extensive experience in advising clients on their rights
and obligations to creditors and investors in light of current market
conditions. Our restructuring expertise means we can advise distressed
businesses and their creditors on all available options available
to them, including fund raisings, debt for equity swaps, contingency
planning and re-organisation of corporate structures.
We have acted on behalf of clients seeking High Court protection
from creditors whilst an independent court appointed examiner considers
their options for survival. We acted for a major German financial
institution over a ten year period in implementing a complex asset
recovery programme and successfully defended our client from various
challenges brought against it in respect of the recoveries made.
We acted on behalf of Nomura International plc, a major creditor
of Structured Credit Company (SCC), during SCC's examinership, and
assisted Nomura in relation to the close-out mechanics of a portfolio
of collateralised credit default swaps. We have advised clients
on enforcement of close-out mechanics and collateral arrangements
regarding stock-loans, interest rate and currency swaps and on the
operation of legal set-off. We also represented several major creditors
of ISTC during its examinership.
Investment Fund Disputes
We have represented several investment funds in proceedings against
their investment manager and other service providers involving alleged
breaches of investment restrictions. We have in turn advised investment
managers and service providers of fraud exposed investment funds
on their obligations of disclosure to regulatory authorities and
on their potential liabilities arising from their relationships
with the fund. We have also represented shareholders in disputes
against investment funds involving non payment of redemption proceeds.
We also regularly advise promoters and investment managers, investment
fund directors, custodians and administrators and other service
providers on their respective roles, obligations and potential liabilities
in relation to the operation of investment fund structures.
Investment Management
We represent both wealth managers and investors in disputes over
the alleged mis-selling of investment products. We regularly advise
wealth managers on their obligations and responsibilities under
the Irish and European legislative framework which governs the provision
of investment services. In addition, we advise clients on alternatives
to litigation, such as the service offered by the Financial Services
Ombudsman's Bureau for complaints against financial service providers.
Fraud
We have acted for large financial institutions advising on cases
of alleged fraud, including dealing with the proceeds of crime and
misappropriation of funds, often involving detailed forensic investigation
and asset tracing.
Pensions Claims and Investigations
We advise trustees, employers, investment managers and custodians
on all pensions issues including regulatory compliance. We have
acted in a Commercial Court case relating to a disputed transfer
payment valued at circa €5m. We have advised in connection with
a whistle blow to the Regulator relating to a possible material
misappropriation of pension scheme assets. We have also represented
clients in High Court and Pensions Ombudsman cases relating to disputes
over pension entitlements on early retirements. We regularly provide
advice in relation to a range of regulatory issues including the
impact of the Pensions Act 1990 on clients' pension schemes and
how to address regulatory breaches.
Regulatory Enforcement and Disputes
We regularly advise clients on their interaction with the Financial
Regulator including compliance with financial services legislation
and regulatory rules. We have represented clients who have become
subject to the Financial Regulator's administrative sanctions procedure.
Revenue enforcement and disputes We advise financial institutions,
companies and individuals on their mandatory obligations of disclosure
to the Revenue Commissioners. We represent clients whose tax affairs
are being investigated by the Revenue Commissioners. We have acted
in proceedings related to alleged breaches of tax law and company
law, including the largest tax prosecution that has been brought
in the history of the state.
For further information please contact Sarah
Lyons.
© 2003-2009 LK Shields Solicitors.
All rights reserved.
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