Latham Secures $1B Ruling for UBS in Case Over Failed Deal With Hedge Fund Manager
In her ruling, Friedman said the terms of the agreements "unambiguously" entitled UBS to recover losses on its retained assets. She also rejected Highland's counterclaims and attempts to offset the damages.
January 29, 2020 at 06:33 PM
4 minute read
The original version of this story was published on New York Law Journal
Latham & Watkins secured a $1 billion judgment Wednesday on behalf of UBS Securities in a long-running contract dispute involving bankrupt hedge fund manager Highland Capital Management, which dates back to the early days of the financial crisis.
In a 40-page decision made public late Wednesday afternoon, Manhattan Supreme Court Justice Marcy Friedman ordered two funds formerly affiliated with Dallas-based Highland to pay $520 million in damages and another $520 million in statutory interest resulting from their refusal to cover UBS's losses under a failed agreement to securitize collateralized loan obligations and credit-default swaps in 2008.
UBS claimed in a February 2009 complaint that it was owed $745 million under a series of agreements to purchase and "warehouse" securities for the Highland-controlled funds, with the expectation that it would eventually be able to recoup its initial investment plus interest.
The deal, however, collapsed under the weight of the 2008 financial crisis, and UBS sued in Manhattan Supreme Court to recover its losses, after the Highland funds stopped posting collateral as UBS's exposure grew. The bank filed an updated lawsuit in June 2010, alleging that Highland had fraudulently persuaded the bank to restructure the debt to avoid an $86 million payment.
According to the amended complaint, UBS was owed more than $686 million by the time Highland's affiliates defaulted on their obligations and UBS terminated the deal in December 2008.
Friedman's decision on Wednesday followed a two-week bench trial on the parties' contract claims in July 2018. The judge bifurcated the proceedings, and ordered UBS's remaining claims, including breach of the duty of good faith and fair dealing, fraud and fraudulent conveyance, to be put to be tried later in a second-phase jury trial.
UBS is seeking punitive damages on those claims, potentially exposing Highland to billions more in further liability if the case goes to trial.
In her ruling, Friedman said the terms of the agreements "unambiguously" entitled UBS to recover losses on its retained assets. She also rejected Highland's counterclaims and attempts to offset the damages.
Andrew Clubok, who led the Latham team representing UBS, said his client was "pleased with the result of the trial and looks forward to final resolution of the matter."
A spokeswoman for Highland acknowledged the ruling, and its connection to Highland's bankruptcy proceedings, in a statement late Wednesday night.
"While this order and its underlying claims are not against Highland Capital Management, L.P. (HCMLP), the potential for a decision on this matter and subsequent proceedings in this case were considered in HCMLP's decision to initiate reorganization proceedings in October," the spokeswoman said. "As such, HCMLP expects to resolve this matter through the current reorganization process."
Highland filed for Chapter 11 bankruptcy protection in October amid legal disputes with its investors. Known as a pioneer in trading risky corporate loans, the firm and its founder, James Dondero, managed tens of billions of dollars in assets during its heyday in 2007 but sustained losses during the financial crisis and has been entangled in lawsuits ever since.
Media outlets reported earlier this month that Highland and a committee of unsecured creditors, including UBS, had agreed to a deal for Dondero to relinquish his role as president, though he plans to stay on as an employee of the firm.
Latham's trial team was led by Clubok, who chairs Latham's global securities litigation and professional liability practice, and Elizabeth Deeley, a partner in the firm's San Francisco office. The team also included Washington, D.C.-based counsel Susan Engel, New York partner Kuan Huang and New York associate Alysha Naik, as well as Michael Onufer, a litigation partner with Kirkland & Ellis.
Highland and its funds are represented by Angela J. Somers, Jeffrey E. Gross and Yonah Jaffe of Reid Collins & Tsai.
Read More:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'A World of Credit': Ex-FTX Executive Gary Wang Sentenced to Time Served Following Cooperation
'We’re Here to Empower People to Make Good Decisions': Why Compliance Chiefs Must Learn to Think Like a Businessperson
Trump's SEC Likely to Halt 'Off-Channel' Texting Probe That's Led to Billions in Fines
Bank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute readLaw Firms Mentioned
Trending Stories
- 1NY District Attorneys Are Still No Fans of Revamped Misconduct Watchdog
- 2ICC Issues Arrest Warrants for Israel's Prime Minister Over Alleged War Crimes in Gaza
- 3Attorney Responds to Outten & Golden Managing Partner's Letter on Dropped Client
- 4Attracted to Thompson Hine's Fee Flexibility, Morgan Lewis Litigator Switches Firms in Chicago
- 5Phila. Attorney Hit With 5-Year Suspension for Mismanaging Firm and Mishandling Cases
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250