Neil S. Binder

We represent MCML Limited (f/k/a ED&F Man Capital Markets Ltd) in a multi-district litigation pending in the Southern District of York (SDNY). This matter arises from claims by the Danish Tax Authority alleging fraud against numerous U.S.-based pension plans. Our team defends ED&F against third-party claims brought by pension plans and their investment advisors seeking to shift liability to our client. Just weeks before the trial of several bellwether actions was set to commence, we obtained summary judgment in favor of our client for all cases pending in the SDNY.

We represented a former executive of an investment bank in FINRA arbitration involving claims for compensation and defamation following his termination. Our advocacy secured a financial award for our client, along with a formal correction of the false explanation given for his departure—an outcome that helped restore his professional reputation.

We represented the former CFO of MF Global in securities and commodities class actions and a breach of fiduciary duty claim brought by the bankruptcy trustee. After years of litigation against both class action plaintiffs and the bankruptcy trustee, all matters were resolved without any payment by our client.

We represented a broker-dealer brought in an adversary proceeding against our client, which we successfully defended, resulting in dismissal of the bankruptcy court claim. When the same plaintiff brought a new action in district court, we succeeded in our motion to dismiss most of the claims.

We served as Special Litigation Counsel for the Creditors’ Committee in the General Motors chapter 11 proceedings, successfully prosecuting a $1.5 billion avoidance action against JPMorgan and a syndicate of lenders, arguing novel UCC questions before the Second Circuit and the Delaware Supreme Court before resolving the case following a bellwether trial.

We represented an audit committee requiring an urgent review of financial mismanagement allegations while a nine-figure financing was in progress. We delivered an oral report within four days of our engagement, and a written report within seven, concluding that the allegations were unsubstantiated and allowing the financing to proceed on schedule.

We served as counsel to a company facing a multi-year joint criminal and civil investigation by the Department of Justice and Commodity Futures Trading Commission. Our team conducted a comprehensive internal investigation into the alleged conduct and delivered multiple presentations to the government. Both the DOJ and CFTC closed their investigations without pursuing charges or enforcement actions.

We represented a Chief Financial Officer in several years-long, multi-agency investigations, culminating in no action against our client, as well as in parallel civil litigation brought by individuals.

We represented a Chief Compliance Officer of Insurance and Annuity program in a FINRA investigation, resulting in a decision not to pursue action following our “Wells” submission.

We represented a senior bank executive in investigations by multiple U.S. and foreign regulatory bodies, all resulting in no action against our client.

We represented a licensee of digital publishing channels in a dispute with the licensor over channel operations where we prepared detailed preliminary injunction papers that prompted expedited negotiations, ultimately securing an amendment to the licensing agreement that protected our client’s operations.