Litigation & Dispute Resolution

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Our highly experienced disputes team represents clients in all types of finance litigation and arbitration both domestically and across the world. We act for a wide range of financial institutions, from traditional lenders and funds to alternative and specialty lenders and emerging Fintech companies, in what is a rapidly evolving market. Our work encompasses a number of different areas including:

Asset Recovery and Global Injunctions

When clients’ monies are fraudulently misappropriated and hidden via overseas trusts, conversion into high-value property, or other means, we unravel the complex construction of these vehicles to trace and recover assets that are often hundreds of millions or multi-billions of dollars. Our lawyers operate worldwide and include a group in London with substantial knowledge of English courts and their commercial and international approach to asset recovery matters. Our team also works closely with our Bankruptcy & Restructuring team in London and the U.S. to utilize the extensive insolvency procedures which are frequently a highly effective tool in responding to a fraud.  

Financial Institution Fraud

For financial institutions facing shortfalls due to fraudulent customer behavior, we help recover their liabilities including advising on complex fraud investigations and the seeking of urgent court remedies. Our London team has obtained and enforced numerous High Court injunctions, often worldwide, and other urgent remedies including search and seizure orders and passport confiscation orders in support of our client’s recovery efforts. In addition, we work alongside professionals from our Investigations team to assist in related matters involving regulatory issues around fraud, embezzlement, the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and money laundering, while also resolving problems concerning insurance claims and securities law.

Financial Services Litigation

Our lawyers represent clients in the full scope of financial services litigation, including handling complex, high-value, and frequently international claims comprising regulatory issues such as anti-money laundering (AML), bribery and corruption, and other breaches of legislation.

Regulatory Disputes

Recognizing the restrictive regulatory environment imposed on financial institutions operating internationally by agencies such as the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC) and the UK Financial Conduct Authority (FCA), we counsel clients on cross-border compliance and enforcement matters, including internal investigations. We also represent institutions on related issues which include: anti-money laundering, economic sanctions, banking secrecy, money transmission, bribery and corruption, and data protection compliance.

Securities Litigation

Financial institutions confront a range of disputes involving securities, from white collar criminal matters to M&A litigation. We assist on all fronts with litigation matters and internal investigations. Additionally, we counsel and defend against government, civil, and criminal enforcement actions brought by regulators such as the DOJ, SEC, and state attorneys general. Our litigation work on behalf of banks in the United States also involves claims under the 1933 and 1934 Securities Acts.

Representative Experience:

  • Advising a multinational independent investment bank and related entities in an action alleging fraud and breach of contract related to an asset purchase agreement.
  • Representing a Middle Eastern Bank in investigating a £20 million trade finance fraud.
  • Counseling an Israeli bank on its recovery options following the investigation of a receivables fraud.
  • Advising multiple large international financial institutions in connection with a third-party subpoena response in a civil action.
  • Leading a cross-border team for a natural gas company in a complex Islamic/Shari’ah law bond dispute with jurisdictional issues, resolving the matter favorably in what was 2018’s largest bond dispute in the energy sector.
  • Representing the Head of Global Securitized Asset Trading at a British multinational financial services company in a civil DOJ Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) action alleging fraud in the structuring and sale of residential mortgage-backed securities.
  • Representing international bank in connection with adversary proceeding filed by the Financial Oversight and Management Board for Puerto Rico alleging breach of fiduciary duty related to the issuance of over $9 billion of bonds.
  • Advising an international financial institution in multiple complex commercial contract disputes.
  • Representing an international financial institution in an action alleging breach of fiduciary duty related to mutual fund investment management.
  • Defending the management company of an international private equity fund and principals of that fund against claims of alleged fraud.
  • Representing a securities rating agency in multiple litigation matters alleging fraud, negligent misrepresentation, and breach of fiduciary duty.
  • Leading an investigation of wrongful expenditure of money from a sovereign wealth fund and issuing global injunctions to recover assets.
  • Performing an investigation of an illegal collective investment scheme and issuing worldwide proceedings against the leading individuals.
  • Assisting a leading insurer in relation to fraudulent claims for financial losses.

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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