James Brady is a partner in our London office, focusing on dispute resolution, investigations, and enforcement.

He has been named as a commercial litigation and arbitration “Rising Star” by Legal Week and recognized by Chambers UK and The Legal 500 for his experience in banking litigation and international arbitration.

James has substantial experience representing some of the world’s leading organisations 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.

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 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.

  • 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.

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

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

  • 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. The case arose from a joint venture in Guinea and involved allegations of bribery and corruption.

  • 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.

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Selected Activities

Member, Financial Services Lawyers Association

Publications

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,” (co-author with Sunil Gadhia, Frances Carpenter, Tim Vogel, Lev Dassin, Rahul Mukhi, Christina Karam, and Adrienne Dahrouge), 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,” (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.

Events