James Brady-Banzet’s practice focuses on dispute resolution, investigations, and enforcement.

James has substantial experience representing some of the world’s leading organisations on a wide range of commercial disputes, banking disputes, and international arbitrations. He has considerable trial experience, and his work frequently involves complex multijurisdictional matters and high-stakes disputes.  James also has significant experience representing clients in investigations by regulatory and law enforcement authorities, including UK Financial Conduct Authority and the Serious Fraud Office.

He has been named a commercial litigation and arbitration “Rising Star” by Legal Week, and is recognized by the leading directories for his expertise in banking litigation and commercial litigation. He is cited as “clever, hard-working and very dedicated,” “sharp and thoughtful,” “personable and highly intelligent,” with the ability to “manage both the legal team and clients to achieve the best results” and “an exceptional partner on a major long-running dispute.”

James also writes and speaks on topics including ESG litigation, parent company liability, M&A disputes, and crisis management.

James became partner in 2019.

Notable Experiences

English Litigation

  • HSBC in its successful defense of a £200 million claim brought by The ECU Group plc, which was dismissed following a 7-week Commercial Court trial. Judgment was issued in November 2021.  James also represented HSBC in subsequent litigation against the litigation founder Therium, which resulted in judgment in HSBC’s favor requiring Therium to pay HSBC’s legal costs.

  • Laudamotion and Ryanair in their successful defense of claims bought by AerCap, the world’s largest aircraft leasing company, relating to the delivery of four Airbus A320- aircraft. The claims were dismissed after a 3-week Commercial Court trial, and judgment was issued in January 2023.

  • A vehicle manufacturer in defending group litigation claims relating to emissions in diesel vehicles.

  • Goldman Sachs in connection with the Waterfall II application commenced by the Joint Administrators of Lehman Brothers International.

  • A lender to an oilfields services company in Commercial Court litigation relating to a loan note and in the company’s scheme of arrangement.

  • A private equity firm on the successful resolution of an unfair prejudice dispute with a minority shareholder.

  • A Kazakh businessman in obtaining dismissal of a $300 million fraud claim brought in the English Commercial Court, and dismissal of a worldwide freezing order.

  • A shareholder in McLaren Technology Group in a dispute with another shareholder, including successfully resisting an application for an injunction.

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Investigations, Enforcement, and Compliance

  • A leading investment bank on global regulatory investigations into its FX trading activities, involving investigations in multiple jurisdictions and settlements with authorities in jurisdictions including the U.S. and the UK.

  • A bank on litigation and regulatory investigations arising from an IT systems failure.

  • Multiple financial institutions on regulatory investigations into compliance with anti-money laundering requirements.

  • A multinational oil and gas corporation on complex sanctions compliance issues.

  • A bank on an investigation by the Financial Conduct Authority and the Prudential Regulation Authority into its compliance with regulatory capital requirements.

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Arbitration

  • A sports club in an ICC arbitration, including an emergency arbitration procedure, concerning a dispute with a sponsor.

  • A contractor in an ICC arbitration relating to the design and construction of a plant in the Middle East.

  • A syndicate of international oil producers in an ICC arbitration and related High Court proceedings against an oil trader relating to cargoes of product.

  • A multinational client on potential UNCITRAL proceedings against a government agency.

  • Several arbitration-related applications before the English High Court including obtaining injunctions in support of arbitration, challenges to arbitrators, disclosure from arbitrations, and recognition and enforcement of arbitral awards.

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Selected Activities

Member, Financial Services Lawyers Association

Publications

The Mergers and Acquisitions Litigation Review, 4th Edition, (co-author of the England and Wales chapter), October 25, 2023.

The New Accountability Landscape For Financial Regulators,” Law360, August 14, 2023.

ClientEarth Ordered to Pay Shell’s Costs After Dismissal of Derivative Claim Against Shell’s Board of Directors,” Cleary Gottlieb Alert Memo, September 6, 2023.

Supreme Court Rules Most Litigation Funding Agreements are Unlawful,” Cleary Antitrust Watch blog, August 8, 2023.

High Court Reaffirms Decision to Refuse Permission for Derivative Claim Against Shell’s Board of Directors,” Cleary Gottlieb Alert Memo, July 31, 2023.

Derivative Claim Against Shell’s Board by Climate-Change Activist Shareholder is Refused Permission to Proceed,” Cleary Gottlieb Alert Memo, May 31, 2023.

RIP NDA? How Effective Are Non-Disclosure Agreements?,” Cleary Gottlieb Alert Memo, April 25, 2023.

ESG Litigation: Derivative Claims Against Directors: Q&A,” Cleary M&A and Corporate Governance Watch blog, April 17, 2023.

Market Shocks: The Impact on the Disputes Landscape,” PLC Magazine, March 2023.

The Mergers and Acquisitions Litigation Review, 3rd Edition, (co-author of the England and Wales chapter), October 2022.

What to Watch – Top Trends and Risks in Banking Litigation,” The In-House Lawyer, December 10, 2021.

The Mergers and Acquisitions Litigation Review, 2nd Edition, (co-author of the England and Wales chapter), December 3, 2021.

UK Supreme Court Rules in Favour of Google in Data Protection Class Action Claim,” Cleary Gottlieb Alert Memo, November 16, 2021.

The New Supplemental Arrangement Concerning Enforcement of Arbitral Awards between Mainland China and Hong Kong,” Cleary Gottlieb Alert Memorandum, August 25, 2021.

Corruption Defense to Challenge Tribunal’s Jurisdiction Rejected,” Cleary Gottlieb Alert Memorandum, August 9, 2021. 

Government Consults on ‘Ambitious’ Reform to UK Competition Policy,” Cleary Gottlieb Alert Memorandum, August 9, 2021.

Whistleblower Regulations in the U.K. and the U.S.,” Cleary Gottlieb Alert Memorandum, July 14, 2021. 

ESG Liability: Risks Increasing for Multinational Companies,” Thomson Reuters Practical Law, May 27, 2021. 

2020 Revision of the IBA Rules on the Taking of Evidence in International Arbitration,” Cleary Gottlieb Alert Memo, February 17, 2021. 

U.K. Supreme Court Limits the Extraterritorial Powers of the Serious Fraud Office,” Cleary Gottlieb Alert Memorandum, February 11, 2021.

The Mergers and Acquisitions Litigation Law Review, 1st Edition, (co-author of the England and Wales chapter), January 8, 2021. 

The London Court of International Arbitration Releases Updated Arbitration Rules, Emphasizing Efficiency,” Cleary Gottlieb Alert Memo, October 26, 2020. 

Business Interruption Claims After the UK’s COVID-19 Test Case: Implications for Policyholders in the UK and U.S.,” Cleary Gottlieb Alert Memo, September 23, 2020.

Court of Appeal Rejects Challenge to U.K.’s First Unexplained Wealth Order,” Cleary Gottlieb Alert Memo, March 3, 2020. 

The Launch of the Hague Rules on Business and Human Rights Arbitration,” Cleary Gottlieb Alert Memo, January 29, 2020.

Global Crisis Management Handbook, Second Edition.

Securities and Related Investigations Know-How Guide,” (co-author of the UK chapter), Global Investigations Review, October 2, 2019.

UK Serious Fraud Office Publishes Corporate Co-Operation Guidance,” Cleary Gottlieb Alert Memo, September 24, 2019.

Managing Risk in Multinationals: Parental Responsibility,” (co-author with Sarah Haddad and Hannah Whitney) PLC Magazine, September 2019.

FCA Continues Focus on Transaction Reporting Breaches,” Cleary Enforcement Watch blog, April 29, 2019.

The Revised Swedish Arbitration Act: Noteworthy Developments in the Lex Arbitri of a Leading Jurisdiction for International Arbitration,” Cleary Gottlieb Alert Memo, March 12, 2019.

Potential End of Suspension of Title III of the Helms-Burton Act: Authorization of Claims Under U.S. Law for ‘Trafficking’ in Certain Cuban Properties,” Cleary Gottlieb Alert Memo, February 26, 2019.

FCA Issues First Penalties for Competition Infringements,” Cleary Gottlieb Alert Memo, February 26, 2019.

Gibbs Rule Tested: Implications for Creditors,” (co-author with Lisa Schweitzer, Jim Ho, and Hoori Kim), IFLR, February 15, 2019.

U.S. Court Recognizes Croatian Proceeding Settlement Despite English Law Gibbs Rule,” Cleary Gottlieb Alert Memo, November 6, 2018.

Securities and Related Investigations Know-How Guide,” (co-author of the UK chapter), Global Investigations Review, October 25, 2018.

Key Lessons From the FCA’s £16.4 Million Fine of Tesco Bank for Failings Around Cyber-Attack,” Cleary Gottlieb Alert Memo, October 8, 2018.

Investor Protections in England: the Non-Recognition of the Foreign Discharge of English Law-Governed Debt,” Emerging Markets Restructuring Journal, Issue No. 7, August 7, 2018.

UK Supreme Court Asserts Jurisdiction Because Conspiracy Was Hatched in England,” Cleary Gottlieb Alert Memo, April 30, 2018.

Securities and Related Investigations Know-How Guide,” (co-author of the U.K. chapter), Global Investigations Review, October 17, 2017.

Securities and Related Investigations Know-How Guide,” (co-author of the U.K. chapter), Global Investigations Review, February 4, 2016.

Financial crime compliance—joining up the dots,” (co-author with Sunil Gadhia), PLC Magazine, Thomson Reuters, July 23, 2015.

Events