"An excellent firm, I understand entirely why they are in tier one."
IFLR 1000 2011
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 Ormsby Prentice 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.
"Well established and highly reputable - I am confident the firm can handle whatever we give them."
Banking and Finance: Chambers Global 2011
Sources remark that "it is prompt in its responses and the partners are readily available to help." Bríd Munnelly is highly admired for her in-depth regulatory knowledge. "Her strength is in analysing the issues that may affect her clients and swiftly pointing them out," say sources.
Dispute Resolution: Chambers Global 2011
"Matheson Ormsby Prentice has real clout in the Irish legal market, and if you have a tough case they have the resources to assist you," say interviewees. Clients praise the level of support they receive from the disputes lawyers: "They are never fazed and act incredibly fast, which is of paramount importance in litigation. We get round-the-clock support from them and are never left in the lurch." Major commercial litigation is very much the order of the day, although the firms breadth of experience is extensive. Highlights include acting for a multinational bank in a series of litigation claims arising out of the Bernard Madoff collapse.
Dispute Resolution: Chambers Global and Chambers Europe 2010
Matheson Ormsby Prentice "inspires confidence" according to clients, who also believe that "there are no other firms on a par in this area".
Dispute Resolution: European Legal 500 2009
This team is praised not only for its diversity, but also for its co-operation with other departments within the firm in order to generate business and support litigious cases. The group was commended for its customer service: "It’s very flexible and always puts the client first, and the lawyers seem to know all the legislation inside-out." The team is also active in regulatory advice, investigatory work and dispute avoidance counsel, and is equipped to handle ADR on the largest scale. "They’re very creative, and always seem to come up with ways around any difficulties in a case," said one impressed client. Clients appreciate that Bríd Munnelly "doesn’t just confirm there’s a problem, but brings you a choice of solutions as well." She is most active on the investigations and inquiry side of the practice.
Dispute Resolution: Chambers Global 2009
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