James Brady focuses on dispute resolution, investigations, and enforcement.

James has substantial experience representing some of the world’s leading organizations on a wide range of commercial disputes, banking disputes, and investigations by regulatory and law enforcement authorities. His work frequently involves complex multijurisdiction matters and high-stakes disputes, and he has represented clients in English court proceedings, arbitrations, and before authorities including the UK Financial Conduct Authority, the Prudential Regulation Authority, and the Serious Fraud Office.

He has been recognized by Chambers UK and The Legal 500 as a leading lawyer for banking litigation.

James became partner in 2019.

Notable Experience

English Litigation

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

  • A number of bank entities in substantial litigation and various pre-action applications relating to FX trading, including obtaining judgment in our clients’ favor on an application relating to use of confidential documents and obtaining an award of indemnity costs in our clients’ favor.

  • 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.

  • Former directors of a publicly listed company based in Kazakhstan in a major dispute arising out of claims that hundreds of millions of dollars were misappropriated, involving proceedings before the courts in England, the U.S., Switzerland, and Cyprus.

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

  • Victoria Plum, one of the UK’s leading online bathroom retailers, in a High Court claim against a competitor for trademark infringement caused by Google AdWords bidding.

  • Several clients in disputes relating to financial products, including derivatives and FX products.

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

  • A state-owned entity on strategic and tactical issues in resisting claims brought by a counterparty in the English Commercial Court.

  • A medical company on the successful resolution of warranty claims following an acquisition.

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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 an SFO investigation into a senior manager.

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

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

  • A financial institution on an investigation being conducted by the UK Payment Services Authority.

  • A U.S. securities broker on an investigation into its anti-money laundering systems and controls and settlement with the Dubai Financial Services Authority.

  • A European bank on anti-money laundering compliance at its Dubai branch following inquiries by the Dubai Financial Services Authority.

  • 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

  • Vale S.A. in the London Court of International Arbitration against BSG Resources Ltd., securing a $2 billion victory in the form of one of the largest commercial arbitration awards ever made.

  • A mineral resources company on LCIA arbitration proceedings and related High Court proceedings concerning alleged bribery, corruption, and fraud against a joint venture partner.

  • A syndicate of international oil producers in an ICC arbitration and related High Court proceedings against an oil trader in respect of Peruvian assets.

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

  • Several arbitration-related applications before the English High Court.

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Selected Activities

Member, Financial Services Lawyers Association

Publications

FCA Continues Focus on Transaction Reporting Breaches,” (co-author with Jonathan Kelly and Ferdisha Snagg) 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,” (co-author with Richard Kreindler, Harry Nettlau, Milo Molfa and Aren Goldsmith) 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,” (co-author with Ari D. Mackinnon, Paul Marquardt, Jean-Yves Garaud and Aren Goldsmith) Cleary Gottlieb Alert Memo, February 26, 2019.

FCA Issues First Penalties for Competition Infringements,” (co-author with Jonathan Kelly, Sunil Gadhia, Nicholas Levy, Paul Gilbert, David R. Little and Vassilena Karadakova) 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,” (co-author with Lisa Schweitzer and Jim Ho), 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,” (co-author with Jonathan Kelly, Gareth Kristensen and Frances Carpenter), 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,” (co-author with Sunil Gadhia and Marina Zarubin), 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.