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Qualifications

  • Founding Principal
  • Other Senior Resources
  • Securities & Capital Markets Litigation
    • Characterization of Complex Structured Transactions for Tax Litigation
    • Securities Litigation - Misrepresentation of Risk
    • Securities Contract Litigation of an International Bank’s Loan & Collateral Practices
    • Large Securities Class Action Litigation
    • Tax Litigation focused on the Economic Substance
    • Drafted Request for Production of Documents for Structured Transactions at Financial Institutions
    • Trading Fraud Investigation
    • Provided Discovery Support for Large Securities Litigation
    • Criminal Tax Fraud Case Uncovered Economic Substance in the Structure of Investment Transactions
    • Analyzed Brokers Responsibilities Related to Commodity Transactions
    • Estimated Transactions Costs
    • Investigation of Fraud and Created Foundation
    • Securities Contract Disputed Estimation
    • Securities Litigation Recreated
  • Capital Markets Consulting

Tax Litigation focused on the Economic Substance of the Stated Hedging Objectives of Complex Structured Transactions

Activity:

  • The plaintiff asserted that the reason for executing the structured transactions at issue was, in part, to achieve hedging and risk management objectives. Our analysis evaluated if the plaintiff achieved the stated objectives in the context of standard industry practices - whether appropriate hedging and risk management steps that were taken were reasonable.

Results:

  • Our analysis showed standard industry practices were not followed and the transactions did not achieve the stated hedging and risk management objectives. These conclusions raised serious doubt on the plaintiff’s claims for executing the structured transactions.
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