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BDC Finance v. Barclays Bank, 650375/08
Publication Date: 2013-10-28
Practice Area: Business Law
Industry:
Court: Appellate Division, First Department
Judge: Before: Andrias, J.P., Saxe, DeGrasse, Richter, Gische, JJ.
Attorneys:
For plaintiff: For appellant-respondent: Craig A. Newman of Counsel, Richards Kibbe & Orbe LLP, New York.
For defendant: For respondent-appellant: Robinson B. Lacy of Counsel, Sullivan & Cromwell LLP, New York.
Case number: 650375/08

Cite as: BDC Finance v. Barclays Bank, 650375/08, NYLJ 1202625151113, at *1 (App. Div., 1st, Decided October 24, 2013) 650375/08 Before: Andrias,

BDC FINANCE L.L.C., Plaintiff-Appellant-res, v. BARCLAYS BANK PLC, Defendantres-res
Publication Date: 2013-10-28
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Andrias, J.P., Saxe, DeGrasse, Richter, Gische, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 9906

9906. BDC FINANCE L.L.C., Plaintiff-Appellant-res, v. BARCLAYS BANK PLC, Defendantres-res — BARCLAYS BANK PLC, COUNTERCLAIM-PLAINTIFF-res-ap, v. BDC FINANCE L.L.C., COUNTERCLAIM-DEFENDA

Barclays Ordered to Return $297 Million to Hedge Fund
Publication Date: 2013-10-25
Practice Area:
Industry:
Court:
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number:

A New York Supreme Court appellate panel has determined that Barclays Bank PLC defaulted on a derivative agreement with a unit of Black Diamond Capital Management and must return $297 million to the hedge fund. Richards Kibbe & Orbe represented BDC while Sullivan & Cromwell advised Barclays.

October 25, 2013 |

Court Faults Failure to Return $40 Million in Swap Collateral

Barclays Bank breached a swap agreement with hedge fund BDC Finance when it did not return $40 million in collateral requested by BDC, instead paying only $5 million a day late and failing to dispute the amount using agreed-upon dispute resolution procedures, a split First Department panel ruled.
5 minute read
July 26, 2012 | Inside Counsel

Record Settlement

On June 12, the Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $619 million settlement with ING Bank N.V., the largest…
2 minute read
June 30, 2012 | Inside Counsel

7 risk and compliance threats facing in-house counsel

Plus, 10 tips for implementing and maintaining a successful corporate compliance program
12 minute read
January 13, 2011 |

News In Brief

6 minute read
December 31, 2009 | Inside Counsel

Waive the Flag: Bank of America case has companies reconsidering what is privileged

Ongoing investigations into Bank of America's takeover of Merrill Lynch raise issues of attorney-client privilege.
17 minute read
November 30, 2009 | Inside Counsel

Full Disclosure: 9th Circuit Restores Conventional Wisdom on Privilege

U.S. v. Ruehle underscores the inherent tension of internal investigations.
5 minute read

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