Matheson


Banking and Financial Services Disputes

Banking and Financial Services Disputes

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Expertise

"An outstanding team deserving of its first-class reputation. It consistently produces high-quality work."
Chambers Europe

Our Banking and Financial Services Disputes Group advises major financial institutions including investment and retail banks, brokers, fund managers, insurers, regulators, exchanges, financial services businesses and corporations on the complex litigation and regulatory issues that often arise in financial and banking transactions.  We have successfully represented clients faced with problems which have been high-value, reputation-threatening and multi-jurisdictional.

This team of 11 dedicated lawyers provides legal and strategic advice in tune with the requirements of major financial institutions dealing with a wide variety of issues.  Where appropriate, the Group works in multidisciplinary teams with lawyers from other groups within Matheson such as Banking and Financial Services, Tax and Commercial Property, amongst others. Similarly, we have developed close working relationships with leading law firms in overseas jurisdictions, experts in forensic investigations and other relevant disciplines which enables us to provide a seamless service and top class advice.

We have recently had notable involvement in some of the largest and most complex contentious disputes for banking and financial services clients in Ireland.

Experience Highlights

We have extensive experience of advising clients in relation to:

Fraud and Asset Tracing
Handling large claims and high value, complex fraud and asset tracing work for clients in the commercial and financial sectors.

Mis-selling Claims and Contractual Disputes
We acted in the largest investigation in the State in relation to the mis-selling of financial products. We also regularly deal with overcharging claims, from a bank, customer and regulatory perspective.

Derivatives and Structured Products
Advising international financial institutions and corporations in relation to disputes arising out of a range of structured finance transactions both in and through Ireland, including derivatives, securitisations, structured notes, tax arbitrage structures, CDOs (synthetic or real) and repackages.

Disputes arising in Insolvencies and Restructurings
Experienced in all aspects of disputes and litigation arising out of domestic and cross-border insolvencies involving Irish companies. We have advised creditor groups and companies as well as liquidators, receivers, examiners and various financial institutions. We also advise directors in avoiding actions which may result in them being held personally liable for some or all of a company’s debts and other sanctions such as restriction and disqualification.

Disclosure Obligations and the Duty of Confidentiality
Advisors to leading domestic and international financial institutions on the increasing number of EU and domestic compliance regulations. We have worked with clients on internal investigations and advise on mandatory reporting obligations as they affect financial institutions. We also advise financial institutions on their duties of confidentiality in light of requests by third parties, such as Tribunals of Inquiries, the Revenue and the ODCE, for the production of documents and for non-party discovery.

Lender Enforcement Action
We have a strong practice base in the area of banker –v– borrower disputes, including enforcement issues and restructuring (of both debt and equity). We provide advice on options and strategy in relation to problem loan accounts. We advise on all types of enforcement issues including security reviews, receiverships, general “work out” situations, debt recovery, reputational issues, freezing orders and garnishee proceedings.

Workouts
We have extensive experience in advising banks and accountants appointed by financial institutions, on how to reach workable arrangements with distressed customers and avoid confrontation, potentially expensive contentious action and potentially negative publicity.

Regulatory Investigations and Enforcement
We specialise in contentious regulatory work, with extensive experience of regulatory investigations and enforcement actions. Our depth of understanding of regulatory process and policy enables us to advise clients on a wide range of compliance issues, helping to achieve the best possible outcome from interactions with regulators.

Accolades

"Very strong. They are very commercial and proficient in what they do and work extremely hard to deliver for clients."
IFLR1000 2017

"Great professionalism, service and value for money."
IFLR1000 2015

Matheson "demonstrated good market knowledge".
IFLR1000 2015

"The team has considerable knowledge and expertise of the Irish banking and finance market."
Chambers Europe 2014

"An outstanding team deserving of its first-class reputation. It consistently produces high-quality work."
Chambers Europe 2013

"Top performer" Matheson has a blue-chip client base which reflects its deep expertise.
European Legal 500 2013

"A shining example of an internationally focused law firm fully committed to delivering an optimum, specialist service to its clients."
Chambers Europe 2012

"The team is great at following up points after the heat has been taken out of a situation, to make sure there are no loose ends that could come back to haunt us."
Chambers Europe 2012

"An outstanding team deserving of its first-class reputation. It consistently produces high-quality work."
Chambers Europe

Our Banking and Financial Services Disputes Group advises major financial institutions including investment and retail banks, brokers, fund managers, insurers, regulators, exchanges, financial services businesses and corporations on the complex litigation and regulatory issues that often arise in financial and banking transactions.  We have successfully represented clients faced with problems which have been high-value, reputation-threatening and multi-jurisdictional.

This team of 11 dedicated lawyers provides legal and strategic advice in tune with the requirements of major financial institutions dealing with a wide variety of issues.  Where appropriate, the Group works in multidisciplinary teams with lawyers from other groups within Matheson such as Banking and Financial Services, Tax and Commercial Property, amongst others. Similarly, we have developed close working relationships with leading law firms in overseas jurisdictions, experts in forensic investigations and other relevant disciplines which enables us to provide a seamless service and top class advice.

We have recently had notable involvement in some of the largest and most complex contentious disputes for banking and financial services clients in Ireland.


We have extensive experience of advising clients in relation to:

Fraud and Asset Tracing
Handling large claims and high value, complex fraud and asset tracing work for clients in the commercial and financial sectors.

Mis-selling Claims and Contractual Disputes
We acted in the largest investigation in the State in relation to the mis-selling of financial products. We also regularly deal with overcharging claims, from a bank, customer and regulatory perspective.

Derivatives and Structured Products
Advising international financial institutions and corporations in relation to disputes arising out of a range of structured finance transactions both in and through Ireland, including derivatives, securitisations, structured notes, tax arbitrage structures, CDOs (synthetic or real) and repackages.

Disputes arising in Insolvencies and Restructurings
Experienced in all aspects of disputes and litigation arising out of domestic and cross-border insolvencies involving Irish companies. We have advised creditor groups and companies as well as liquidators, receivers, examiners and various financial institutions. We also advise directors in avoiding actions which may result in them being held personally liable for some or all of a company’s debts and other sanctions such as restriction and disqualification.

Disclosure Obligations and the Duty of Confidentiality
Advisors to leading domestic and international financial institutions on the increasing number of EU and domestic compliance regulations. We have worked with clients on internal investigations and advise on mandatory reporting obligations as they affect financial institutions. We also advise financial institutions on their duties of confidentiality in light of requests by third parties, such as Tribunals of Inquiries, the Revenue and the ODCE, for the production of documents and for non-party discovery.

Lender Enforcement Action
We have a strong practice base in the area of banker –v– borrower disputes, including enforcement issues and restructuring (of both debt and equity). We provide advice on options and strategy in relation to problem loan accounts. We advise on all types of enforcement issues including security reviews, receiverships, general “work out” situations, debt recovery, reputational issues, freezing orders and garnishee proceedings.

Workouts
We have extensive experience in advising banks and accountants appointed by financial institutions, on how to reach workable arrangements with distressed customers and avoid confrontation, potentially expensive contentious action and potentially negative publicity.

Regulatory Investigations and Enforcement
We specialise in contentious regulatory work, with extensive experience of regulatory investigations and enforcement actions. Our depth of understanding of regulatory process and policy enables us to advise clients on a wide range of compliance issues, helping to achieve the best possible outcome from interactions with regulators.

"Very strong. They are very commercial and proficient in what they do and work extremely hard to deliver for clients."
IFLR1000 2017

"Great professionalism, service and value for money."
IFLR1000 2015

Matheson "demonstrated good market knowledge".
IFLR1000 2015

"The team has considerable knowledge and expertise of the Irish banking and finance market."
Chambers Europe 2014

"An outstanding team deserving of its first-class reputation. It consistently produces high-quality work."
Chambers Europe 2013

"Top performer" Matheson has a blue-chip client base which reflects its deep expertise.
European Legal 500 2013

"A shining example of an internationally focused law firm fully committed to delivering an optimum, specialist service to its clients."
Chambers Europe 2012

"The team is great at following up points after the heat has been taken out of a situation, to make sure there are no loose ends that could come back to haunt us."
Chambers Europe 2012



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