Editor's Comment: Divided loyalties
"The situation is rather difficult," says one corporate partner, with considerable understatement. The situation, in the broadest sense, is the current turmoil in the global credit markets, which is fast turning lawyer/client dynamics on their head.
October 04, 2007 at 01:15 AM
3 minute read
"The situation is rather difficult," says one corporate partner, with considerable understatement. The situation, in the broadest sense, is the current turmoil in the global credit markets, which is fast turning lawyer/client dynamics on their head.
In short, the notion of modern City law firms that you do not ever sue banks is about to face its first major test because those same banks, driven by paranoia and liquidity fears, are currently squaring up to litigate against each other.
This is unprecedented in a modern business age in which banks hardly ever resort to litigation against each other. And it may yet turn out to be a storm in a tea cup once the liquidity returns, but litigators and finance lawyers are agreed that, in the current climate, even minor misunderstandings and technical hitches are resulting in a call to counsel.
The two main areas of focus are, unsurprisingly, in leveraged finance and structured finance. In leveraged buy-outs, banks are poring over deal terms, either to find ways to renegotiate easy debt (as seen in Home Depot) or even walk from deals entirely (the current dust-up over Harman International). In areas of structured finance, it is almost harder to find areas in which litigation doesn't look likely.
It is hard to overstate the potential chaos such trends would cause if playground shoving turns into actual claims. Having assumed that banks will not sue each other, City firms have usually completely avoided suing institutions for fear of being sidelined, as has happened to Slaughter and May and Freshfields Bruckhaus Deringer in the past. This has typically meant that litigators have come under intense pressure to turn away work. There will be a great deal of pressure from litigators tired of being dictated to by transactional teams to pursue such claims.
And even sizeable law firms that have no compunction about squaring up to banks will, of course, have limited room to move considering the proliferation of sprawling banking panels. The situation gets even more complex for legal advisers when you consider that differing classes of institutions like banks, buy-out houses and hedge funds that once appeared to have common interest, are now coming into conflict with each other. Managing that could prove a headache-and-a-half for City firms. And all this before you consider that renewed spectre of mortgage fraud generating fresh negligence claims against law firms (see pages 5 and 8). The jargon of a sponsor-facing lawyer could be about to get a whole new meaning.
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
© 2025 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 AllWill a Market Dominated by Small- to Mid-Cap Deals Give Rise to This Dark Horse US Firm in China?
Big Law Sidelined as Asian IPOs in New York Dominated by Small Cap Listings
X-odus: Why Germany’s Federal Court of Justice and Others Are Leaving X
Trending Stories
- 1New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 2No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 3Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 4Meet the New President of NY's Association of Trial Court Jurists
- 5Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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