Complex Securities and Financial Transactions Litigation
At Sbaiti & Company, we have developed a niche in trying lawsuits on behalf of plaintiffs and defendants that involve complex or unusual business transactions, financial instruments or securities such as:
- Convertible notes/debt
- Asset-backed securities
- (MBS, Sale/Leaseback, CDOs, CLOs, Synthetic CDOs
- Option contracts and Warrants
- Family trust certificates
- Asset Purchase Agreements
- Merger Agreements
- Stock Purchase Agreements
- Swaps and Derivatives
- Investment contracts
- Structured debentures
- Master ISDA Agreements
- Breaches of complex licensing or franchise agreements
Sbaiti & Company’s attorneys have represented CEOs, senior executives, buyers, sellers, primary and secondary issuers, underwriters and investors in each of these types of matters. Founder Mazin A. Sbaiti’s unique ability to traverse the complex legal and factual issues and simplify them like no other—to say nothing of the finance issues—is credited to his years teaching accounting and finance at Columbia and working as a structured finance lawyer at a Wall Street firm in Manhattan before coming home to Texas and becoming a trial lawyer.
We are very proud of the long list of successful trials and litigations involving complex commercial matters that we have handled all over the county, and before several international tribunals such as the IMF and the ICC.
Business Torts—Fraud, Tortious Interference, Unfair Competition
Sbaiti & Company has a depth of experience handling business tort claims in a variety of industries, including the following non-exclusive list:
- Hedge Fund
- Oil & Gas
- Consumer Packaged Goods
- Internet Content Providers
- Soft Drink Bottling
While academics debate how useful “business tort” claims are given the laws on breach of contract, and the torts of defamation and fraud, business tort claims are today independent and actionable torts that have found considerable favor in the courts. In practice, plaintiffs can gain certain strategic advantages in terms of the proof and discovery they can find, as well as the leverage they can exert by injecting uncertainty into the case. Defendants can also raise them as counterclaims and cross-claims in the appropriate contexts.
Our firm has been successful in all of these industries because of our ability to simplify issues quickly, and efficiently learn the factual, scientific or finance-related matters that are at the core of the dispute and prepare them so that a jury of seven lay-persons can readily understand them in a way that is favorable to our client.