Internal Investigation of Market Market for Fortune Global 200 Financial Institution
Lead counsel to a Fortune Global 200 financial institution in the conduct of an internal investigation relating to possible market manipulation.
Overview
Our commercial litigators and ADR lawyers represent clients in commercial litigation, including proceedings in Hong Kong’s Court of First Instance (“CFI”), Court of Appeal (“CA”) and Court of Final Appeal (“CFA”), and alternative dispute resolution (“ADR”) proceedings, focusing on arbitration before the Hong Kong International Arbitration Centre (“HKIAC”) and mediation.
Our commercial litigators and ADR lawyers have particular strengths in financial dispute resolution, including mis-selling claims, breaches of fiduciary duties and professional negligence in the context of the provision of investment advice, breaches of contractual duties to safeguard client assets or to act in accordance with client instructions as well as other legal disputes involving financial market transactions or the provision of financial services by firms licensed by the Securities and Futures Commission (“SFC”), firms regulated by the Insurance Authority (“IA”), and banks regulated by the Hong Kong Monetary Authority (“HKMA”).
Equally, our commercial litigators and ADR lawyers have extensive experience advising on legal disputes involving regulated financial institutions and their employees or representatives, including where the financial institution has alleged wrongdoing on the part of employees or where there has been employment dismissal following allegations of wrongdoing.
Other commercial litigation matters which our commercial litigators and ADR lawyers have acted on include:
contract disputes
shareholder disputes
Experience
Litigation Against a Prime Broker by a Hedge Fund
Lead counsel to a hedge fund against its prime broker following the insolvency of the prime broker’s corporate group during the Global Financial Crisis.
Employment Dispute Arising from Global Reorganization
Lead counsel to a Fortune Global 500 company in connection with an employment dispute with a senior executive as a result of global reorganisation.
Hong Kong HKIAC Arbitration in Respect of Dispute Between Stock Broker and its Client
Lead counsel to an SFC licensed affiliate of an Asia listed financial institution with a market capitalization of over US$6 billion in connection with arbitration proceedings administered by the Hong Kong International Arbitration Centre (HKIAC) arising from a client dispute.
Multi-Million Dollar Hong Kong Litigation over Breach of Contract
Lead counsel to a private equity backed portfolio company valued at US$2 billion in a multi-million dollar lawsuit against a counterparty distributor for breach of a major contract with a China based NASDAQ listed company.
Criminal Defence of Former Employee of Financial Institution on Suspicion of Fraud and Dishonesty
Lead counsel to former employee of a US based bank in respect of suspicions of fraud and dishonesty arising from trading activities. Advised on potential criminal offences and prepared submissions which ultimately resulted in no prosecution moving forward.
Successful Appeal to Court of Final Appeal in Precedent Setting Securities Law Case
Lead counsel to a hedge fund manager in a successful appeal to the Court of Final Appeal in a precedent setting case which defined the scope and application of the professional investors exemption.
Insights
Hong Kong Court Ordered Interim Measures to Support Arbitration
Hong Kong courts can grant interim measures to support arbitrations in or outside Hong Kong, including Mareva injunctions and Anton Piller orders
Market Misconduct Tribunal: A Guide to Penalties and Other Consequences for Misuse of Insider Information
Market Misconduct Tribunal proceedings for mishandling of insider information can result in fines and disgorgement orders
Contract Law Disputes Post-Covid-19: Force Majeure and Frustration in Hong Kong
Contractual Disputes: Force Majeure and Frustration in Hong Kong. Does Covid-19 provide a basis for non-performance?