James Brady’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 experience 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 became partner in 2019.
HSBC in its successful defence of a £200 million claim brought by The ECU Group plc, which was dismissed following a 7-week Commercial Court trial.
Vale S.A. in a $1.85 billion Commercial Court claim against the former shareholders and managers of a joint venture partner in a mining joint venture in Guinea.
Goldman Sachs in connection with the Waterfall II application commenced by the Joint Administrators of Lehman Brothers International.
An airline on a dispute with a leasing company related to the condition of aircraft on delivery.
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.
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.
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.
Vale S.A. in an LCIA arbitration against BSG Resources Ltd., securing a $2 billion victory in the form of one of the largest commercial arbitration awards ever made. The case arose from a joint venture in Guinea and involved allegations of bribery and corruption.
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 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 including obtaining injunctions in support of arbitration, challenges to arbitrators, disclosure from arbitrations, and recognition and enforcement of arbitral awards.
Member, Financial Services Lawyers Association
“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.
March 4, 2020
December 4, 2019
December 3, 2019