In a global economy with constantly evolving capital markets, institutional investors must know their rights and how to protect their investments. Lowenstein Sandler’s Capital Markets Litigation practice has a unique breadth of experience representing investment managers and institutional investors, both domestic and foreign, including financial institutions, insurance companies, hedge funds, private equity funds and commercial creditors. We move swiftly and proactively, always recognizing the economic drivers underlying civil disputes.

Our attorneys have successfully litigated multi-state and international disputes from inception to trial (and beyond), spanning a wide range of areas, including M&A disputes, secured and unsecured financing matters, structured products and derivatives (namely CDOs of RMBS), securities, distressed debt, and bankruptcy litigation.

The Capital Markets Litigation practice is committed to the “buy-side” and represents clients based in the U.S., Europe and Asia in litigation and international arbitration, including matters involving the interplay of U.S. and foreign law and multi-jurisdictional strategic considerations.


  • Won $475 million arbitration award on behalf of Chinese insurer in international arbitration venued in Hong Kong relating to $5.0 billion cross-border M&A transaction.
  • Prosecuted claims on behalf of The Prudential Insurance Company of America against Morgan Stanley for fraudulent misrepresentation and civil RICO involving the creation and sale of over $1 billion of RMBS.
  • Representing multiple RMBS trustees in trial and appellate courts, both state and federal, concerning several billion dollars in mortgage repurchase claims.
  • Obtained successful jury verdict in defense of a contract action concerning the provision of health screening services to employees of the State of Tennessee.
  • Won dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC against client IKB Deutsche Industriebank involving a complex array of credit default swaps and underlying CDO assets.
  • Defended claims of ratings fraud in connection with the launch of a $2.0 billion structured investment vehicle (SIV).
  • Defeated arbitration claim brought against institutional investors by an international investment bank stemming from three contemplated CDO transactions, totaling $1.5 billion, clearing the way for a substantial damage claim prosecuted in the New York Supreme Court.
  • Representing the Joint Liquidators of a Cayman fund in Chapter 15 Bankruptcy proceedings and related adversary proceedings relating to the Triaxx CDO.
  • Representing an Asian governmental authority in litigation seeking more than $40 million in clawbacks related to the Madoff fraud.
  • Represented a public seller in M&A litigation spanning ten cases in three jurisdictions involving a $100 million acquisition.
  • Represented a real estate developer in litigation relating to liquidation of a $450 million bond portfolio.
  • Represented a proprietary trading firm in bankruptcy litigation relating to DIP financing.