Michael Jacobs

Michael specializes in complex and high-stakes banking and finance litigation. His practice has a particular focus on intercreditor disputes, contentious restructuring and insolvency, regulatory issues, privacy and technology, including De-Fi and cryptoassets. Clients value his broad experience and technical expertise, with Michael having acted in several of the most high-profile banking and corporate insolvencies in recent years.

Michael regularly represents investment banks, hedge funds, and private investors on matters arising out of a range of investments, including equity structures, corporate and sovereign bonds, credit agreements, securitizations, and derivatives. Michael often acts in multi-party disputes, ranging from ad hoc groups and lender syndicates to group litigation and class actions, on both claimant and defendant sides.

Additionally, Michael advises clients on a variety of other contentious issues, including privacy/GDPR, technology, cryptoassets, media and entertainment, oil and gas, and general commercial litigation.

Michael’s recent experience includes:

Banking and Finance

• Advising the largest remaining unsecured creditor of Lehman Brothers International (Europe) in relation to its proof of debt and related claims in proceedings before the High Court
• Acting for a noteholder on a dispute relating to alleged events of a default under an MTN program arising from the restructuring of a guarantor European bank
• Obtaining summary judgment on behalf of an investment bank in a dispute concerning the events of default under two CDOs
• Representing an investment bank in a dispute relating to interest owing under an ISDA Master Agreement following default of a syndicated loan and intervening Spanish insolvency proceedings
• Representing a syndicate group of debtholders on strategy and claims in a cross-border European insolvency
• Acting for a creditor on a dispute relating to the largest admitted claim in the Lehman Brothers International (Europe) estate
• Representing a group of lenders on a dispute with a security agent relating to the retention of security enforcement proceeds
• Advising an investment manager in High Court litigation relating to the exercise of “drag-along” rights under a shareholder agreement
• Advising a financial institution on litigation and legacy regulatory issues arising out of its takeover of a failed bank
• Advising a foreign governmental institution in connection with its constitutional rights and
  discrete claims in English insolvency proceedings
• Acting for a syndicate of lenders in litigation relating to the payment waterfall under a finance agreement related to the acquisition of the “Gherkin” building in London

Privacy and Technology

• Representing a US-based technology company on defending a class action in California relating to alleged breaches of GDPR
• Advising various companies in relation to privacy and cookie compliance issues
• Acting on potential litigation in the UK relating to cryptocurrency matters

As Interest Rates Rise, So Do Litigation Risks, The Banker (August 2023)

Finance Firms May See Increased FCA Enforcement This Year (January 2021)

Insights: 2019/2020 Enforcement Trends (October 2020)