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Financial Litigation and Complex Disputes

Overview

Anderson Kill’s Financial Litigation & Complex Disputes Group specializes in high-value and multifaceted financial and investment lawsuits. We have decades of experience advising clients in litigation involving complex financial instruments, investment vehicles, funding agreements, commercial contracts, and post-closing rights under M&A agreements. Navigating these high-stakes disputes requires creative and precise legal strategy, deep practical experience, and nuanced industry insight. We approach each case with the primary goal of advancing our clients’ business interests as effectively as possible.

Our clients include corporations, venture capital firms, private equity firms, financial institutions, and early-stage investors across a range of industries. We have obtained successful results for both claimants and defendants, both before trial and in front of juries. Among others, we have successfully represented bondholders with more than $1 billion in claims against a major telecom company, a major international bank in years-long litigation of more than $60 billion in RICO and fraudulent-conveyance claims, former shareholders against an international technology conglomerate in a $400 million earn-out dispute, and a multinational industrials company against claims involving $100 million in put options.

We also have deep experience representing investors in digital assets, cryptocurrency companies, and other on-blockchain ventures. Among other things, we have enforced investors’ rights to participate in token offerings under Simple Agreements for Future Tokens (SAFTs), enforced early-stage investors’ equity rights in a multibillion-dollar cryptocurrency exchange under Simple Agreements for Future Equity (SAFEs), enforced a tech accelerator’s rights in an early-stage crypto company under a post-money SAFE, and protected a crypto exchange’s rights as a member of the creditors’ committee in the insolvency of an $18 billion crypto-based hedge fund. In addition to litigation, we also routinely provide advice and counsel to some of the largest digital-asset financial services firms in the country.

Our team also has extensive experience in complex financial disputes that arise in bankruptcy and insolvency proceedings. We have been appointed special counsel to the bankruptcy trustee to pursue claw-back claims and other asset recovery, we have litigated key disputes in adversary proceedings on behalf of financial-industry creditors, and we have represented members of creditors’ committees responsible for authorizing asset-recovery strategies pursued by joint liquidators.

We have broad-based experience in federal and state courts across the country and in jurisdictions around the world. Our familiarity with cross-border litigation enables us to assist our clients in pursuing claims and funds wherever they may be located, and our extended network of off-shore attorneys, barristers, and insolvency professionals provides access to the most active overseas jurisdictions for financial litigation and insolvency proceedings, including the Caribbean and Singapore.

Experience

  • On behalf of UniCredit Bank Austria AG, obtained dismissal of two securities class actions, a $60 Billion RICO claim asserted by the Maoff trustee as well as $2 Billion of fraudulent conveyance claims.
  • Obtained complete defense verdict on behalf of Thompson SA in connection with claim that it failed to honor $100 million put option granted to founder of a company that developed digital video recording technology.
  • Obtained complete defense verdict in $40 million claim asserted by multi-national chemical corporation to rescind acquisition of medical device company.
  • Obtained complete plaintiff verdict that controlling shareholder fraudulently represented value of Israel’s largest privately-held agrochemical company.
  • Obtained a trial verdict on behalf of 32 limited partners in two limited partnerships formed for the purpose of acquiring a Swiss paper company in order to recover their full investments after the acquisition fell through.  Filed a contested involuntary chapter 7 to force the managing partner to relinquish control of the partnerships.
  • Obtained settlement with Securities and Exchange Commission on behalf of corporation engaged in binary option business. The settlement allowed company to avoid a charge of fraud,
  • Obtained an Assurance of Discontinuance, which did not require removal of board of directors, corporate penalties or fines on behalf of 501(c)(3) entity under criminal investigation by the New York Attorney General’s Office.
  • Conducted internal investigation on behalf of corporation when hose union employees were engaged in a bribery and kickback scheme with vendors, and disposing hazardous waste in potential violation of various federal, state and local regulations.
  • On behalf of a multi-national financial institution, uncovered details and mechanics of employees’ scheme to defraud involving $9 billion in mortgage-backed securities, assisted federal prosecutors in obtaining four guilty verdicts and recovered losses from financial institutions that benefited from the scheme.

News

Litigators Jonathan Kortmansky and Douglas Curran Join Anderson Kill as Shareholders in New York and Co-chairs of Financial Litigation Group
  • June 4, 2024
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Key Contact(s)
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Douglas Curran
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Jonathan Kortmansky
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