Marc Keidan
Partner

+44 (0)20 7148 7803
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Marc co-founded Cooke, Young & Keidan together with Gerald Cooke and Philip Young in January 2009. He is recognised as one of London’s leading specialist disputes lawyers and has many years of experience in acting on complex business related litigation and arbitration.

Marc advises on high value commercial litigation and international arbitration, including agency and joint venture disputes, partnership, shareholder and corporate disputes as well as civil fraud and asset tracing cases. He also handles professional negligence actions, predominantly acting against investment managers, construction professionals and law and accountancy firms. Much of Marc’s work has an international dimension.

Marc is particularly well known for his work in the field of banking and financial services disputes, where he advises and acts for hedge funds and other investors and bank customers, in high stakes and cutting-edge litigation against financial institutions. Marc has considerable experience in acting in disputes with the banks in relation to LIBOR and other benchmark rate fixing and manipulation, as well as cases involving the mis-selling of complex financial products and claims relating to breach of mandate and payments fraud. Marc’s arbitration work includes handling substantial cases across a number of industry sectors, as well experience in bringing and defending challenges to arbitration awards in the English Court (brought under sections 68 and 69 of the Arbitration Act 1996).

Marc has substantial experience of heavy High Court trials, as well as expertise in assisting clients to resolve disputes through mediation and other forms of alternative dispute resolution.

BACKGROUND

Marc obtained a First Class Honours degree from Manchester University achieved a distinction in the Legal Practice Course undertaken at the College of Law, London. He trained with the international law firm, Simmons & Simmons, before joining the dispute resolution group of City firm Theodore Goddard upon his qualification as a solicitor in 1999. During his time with Theodore Goddard (subsequently Addleshaw Goddard after a merger) he acted for a number of blue-chip clients, both domestic and international, on various contentious matters, including complex High Court commercial cases. In January 2009 Marc co-founded Cooke, Young & Keidan. Throughout his time at the firm Marc has continued to act on substantial and heavyweight commercial and financial disputes.

WHAT THE LEGAL DIRECTORIES SAY

Marc has for many years been ranked as a leading lawyer by the Chambers and Partners Guide, in both the banking litigation and commercial litigation categories. The 2017 edition comment that he is “a hugely energetic lawyer, a creative thinker and leaves no stone unturned” as well as that he is “absolutely passionate and determined”. The 2016 edition observed that he is “hard working and committed”, “really client-focussed” and “simply on the ball the whole time”. The 2015 edition commented that he is “very savvy in the way he approaches litigation” and the 2014 edition observed that he “stands out as a distinctive figure in the commercial litigation landscape” whilst the 2013 edition of that directory praised his “excellent advice and guidance combined with a high level of service”.

Marc is also recommended by The Legal 500 Guide (2016 edition) in all of the Commercial Litigation, Financial Services, Civil Fraud and Banking Litigation Categories. He is ranked as a “Leading Individual” for Banking Litigation. That directory commends Marc for his “total commitment” and describes him as having “real expertise in banking-related disputes and an absolute determination to do the very best for his clients”. The Legal 500 Guide (2015 edition) describes Marc as being “excellent” and commented that he has a “huge amount of tactical awareness”. Previous editions commented that he is “robust and pragmatic” and that he provides strategy-focused advice based on a wealth of experience”, also observing that his “approach is driven by the end objective”.

The World Finance Legal Awards 2012 named Marc as Best Lawyer, UK and he was also listed in Thomson Reuters’ London “Super Lawyers” for Commercial Litigation.

CASES OF NOTE

Representative examples of Marc’s Court cases include the following which have been the subject of the following reported judgments:

  • RBS -v- Highland Financial Partners LP & Ors [2013] EWCA Civ 328 – a high profile case relating to a claim brought by RBS for an anti-suit injunction seeking to block fraud claims against the bank in Texas for more than $100 million. Highland, a Texas based hedge fund client, counterclaimed that RBS had obtained a judgment from the Court by fraud. RBS’s claims were dismissed and the bank was found to have lied repeatedly to the Court. In the Court of Appeal, not only was the Commercial Court’s judgment upheld but the Court also struck down RBS’s judgment for fraud. RBS was represented by magic circle firm Linklaters. For more details see our Press Release.
  • RBS -v- Highland Financial Partners LP & Ors [2010] EWHC 3119 (Comm) – a significant judgment in a banking litigation case relating to a failed CDO issue which terminated in late 2008.  The bank was subjected to judicial criticism for conducting a “sham” auction of leveraged loans and was found to have deceived its counterparty. Herbert Smith initially acted for RBS but were replaced by Linklaters in mid 2011.
  • Deutsche Bank AG and another -v- Highland Crusader Offshore Partners LLP and others [2009] EWCA Civ 725; [2009] WLR (D) 254 – a leading Court of Appeal authority in relation to the grant of anti-suit injunctions. The hedge fund, for which the firm was acting in respect of its defence of a US$ 70 million claim, was successful in the Court of Appeal in overturning the grant of an injunction preventing it from continuing its fraud proceedings commenced against the bank in Texas. The bank was represented by Allen & Overy.
  • A -v- B & Ors [2007] EWHC 54 (Comm) (23 January 2007) – a substantial Commercial Court case arising out of a fraud claim and trusts dispute, concerning an award of indemnity costs against a party where court proceedings were commenced in breach of an agreement to resolve disputes through arbitration.
  • Dadourian Group International Inc -v- Simms and Others [2006] EWCA Civ 399 – a Court of Appeal decision in a substantial fraud case, concerning the exercise of the court’s discretion to permit a party to enforce a worldwide freezing order in a foreign jurisdiction.
  • Gregg & Co. (Knottingley) Ltd. & Anor -v- Emhart Glass Ltd. [2005] EWHC 804 (TCC) – a Technology & Construction Court case, successfully acting for a customer in a claim concerning the supply of defective industrial equipment.

PROFESSIONAL GROUPS

Marc is a member of the Law Society of England and Wales, the London Solicitors Litigation Association, the Commercial Litigation Association, the Association of Partnership Practitioners and the Financial Services Lawyers Association.

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