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Funds Disputes
Dillon Eustace is a leading firm in the area of asset management and investment funds
Our dedicated Funds Disputes team advises domestic and international clients on contentious and non-contentious matters and is supported by specialist Banking and Capital Markets, Financial Services, Financial Regulation, Asset Management and Investment Funds teams.
We have experience in acting for investors, investment managers, asset managers, investment funds and consultant companies in a range of disputes, including misappropriated funds, fraud, mis-managed investments, contractual disputes, exchange rate related claims, invalid transactions and tax issues. We have particular expertise acting in high value, complex financial services disputes both by way of alternative dispute resolution methods and before the Irish courts.
Relevant Experience
Acting on behalf of a Swiss-based fiduciary and business consulting company in multi-party Commercial Court proceedings arising out of lost pension funds, allegedly under the care and control of a number of defendants.
Acting on behalf of a former investor in an Irish authorised umbrella-type ICAV in Commercial Court proceedings issued against it by the counterparty to a share purchase agreement.
Acting on behalf of a UK registered investment manager in High Court proceedings issued against it by an Irish investor on foot of alleged losses suffered by the investor while the investor’s investment was under the management of the investment manager.
Providing pre-litigation advices to a global investment management firm in a dispute with a former investor arising on foot of exchange rate-related losses suffered by the former investor following its redemption from a fund managed by the investment management firm.
Acting for an investment manager and also acting for a number of investors in Irish funds affected by the Madoff fraud.
Advising a global asset manager on investing in companies involved in cannabis production, including advice on any relevant criminal, proceeds of crime or anti-money laundering legislation.
Examining and advising a UCITS fund in relation to a US withholding tax issue, including advising on the liability of the fund, its directors and service providers.
Acting for a number of ETFs in Commercial Court applications seeking the sanctioning of schemes of arrangement to centralise the settlement of trading of certain sub-funds of the ETFs in an international central securities depositary structure.
Acting on behalf of an investment firm in a Commercial Court application pursuant to the Investment Intermediaries Act, 1995 (as amended) declaring certain acquiring transactions valid.
Advising the board of a UCITS fund in relation to the cloning of the fund’s website and losses suffered by investors who invested through the fraudulent website and lost their investment.
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